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AF | BCMR | CY2008 | BC-2007-01144
Original file (BC-2007-01144.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01144
                       INDEX CODE:  108.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to show she was entitled to either separation
pay or disability severance pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since her discharge was based on a  mental  disorder,  she  should  be
allowed to receive separation pay.   The  Finance  Service  Office  at
Eglin AFB informed her that separation pay was not payable  since  she
did not serve the minimum of six years of active service.

In support of her request,  the  applicant  provided  a  copy  of  her
discharge orders and her  DD  Form  214,  Certificate  of  Release  or
Discharge  from  Active   Duty.    Her   complete   submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on  16 Sep 03.
On 26 Jun 06, she was honorably discharged under the provisions of Air
Force Instruction (AFI) 36-3208 with a narrative reason for separation
of “personality disorder” and with separation program designator (SPD)
code “JFX.”  She served 2 years, 9 months and 11 days on active duty.

_________________________________________________________________

AIR STAFF EVALUATION:

The Defense Finance  and  Accounting  Service,  Denver  Center  (DFAS-
JECC/DE) recommends the  requested  relief  be  denied.   DFAS-JECC/DE
states the applicant was discharged under the SPD of “JFX,”  one  half
separation pay authorized; however, the applicant does  not  meet  the
criteria to receive separation pay due to the fact that  she  did  not
serve the minimum six years of active duty service.
The complete DFAS-JECC/DE evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

The applicant reviewed the Air Force evaluation and states she  should
have had a Medical Evaluation Board (MEB) prior to  being  discharged.
Her physical profile serial  report,  dated  30  Apr  06,  states  “If
profile is renewed 3 months past 16 May 06, an MEB will  be  required,
Per Col. D. O.”  She was hospitalized on 15 May 06, which put her back
on a profile; therefore, requiring her to have an MEB.  Her  chain  of
command preceded with the administrative discharge before anyone would
realize she needed an MEB.  All her profiles afterwards were done  for
her separation in order to say “no” to MEB required.

Her husband was in Turkey for 18 months and she was  under  a  lot  of
stress.  She further states there is no excuse for her actions but her
chain of command made it difficult for her to reach out for help.  Her
complete response is at Exhibit D.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The AFBCMR Medical  Consultant  recommends  the  requested  relief  be
denied.  The applicant is  requesting  separation  pay  due  to  being
discharged for a personality disorder.  The Medical Consultant  states
in accordance with the Department of Defense Instruction,  personality
disorders are not considered eligible for disability determination  or
compensation.   The  applicant  had  a  medical  condition  that   was
considered unsuitable rather than unfitting for military service.

A complete copy of the AFBCMR Medical Consultant’s  evaluation  is  at
Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

On 14 Nov 07, a copy  of  the  additional  Air  Force  evaluation  was
forwarded to the applicant for review and response within 30 days.  As
of this date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and the recommendation of  the  Air
Force offices of primary responsibility and adopt their  rationale  as
the basis for our conclusion that the applicant has failed to  sustain
her burden of proof that she has been the victim of either an error or
injustice.  Therefore, in the absence of evidence to the contrary,  we
find no compelling basis to recommend granting the  relief  sought  in
this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-01144 in Executive Session on 18 Dec 07, under the provisions  of
AFI 36-2603:

                       Mr. Michael J. Novel, Panel Chair
                       Mr. Anthony P. Reardon, Member
                       Ms. Marcia Jane Bachman, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2007-01144 was considered:

      Exhibit A. DD Form 149, dated 6 Apr 07, w/atchs.
      Exhibit B. Letter, DFAS-JECC/DE, dated 1 May 07.
      Exhibit C. Letter, SAF/MRBR, dated 11 May 07.
      Exhibit D. Letter, Applicant, dated 11 Jun 07.
      Exhibit E. Letter, SAF/MRBC, dated 3 Oct 07.
      Exhibit F. Letter, AFBCMR Medical Consultant, dated 9 Nov 07
      Exhibit G. Letter, SAF/MRBC, dated 16 Nov 07.




                             MICHAEL J. NOVEL
                             Panel Chair

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