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AF | BCMR | CY2008 | BC-2007-02943
Original file (BC-2007-02943.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02943
                                             INDEX CODE:  100.03, 100.06
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her Reentry  Code  (RE)  Code,  Separation  Program  Designator  (SPD),  and
Narrative Reason for Separation be changed.

________________________________________________________________

APPLICANT CONTENDS THAT:

If she had a learning disability, she would not have been  able  to  achieve
as much education as she has achieved.

In support of her appeal, she has provided copies  of  an  undated  personal
statement,  her  DD  Form  214,  Official  Academic  Transcripts  from   the
University of Texas at San Antonio, awarding  her  a  Bachelor  of  Arts  in
Criminal Justice degree, her Associates of Science Degree  certificate  from
Coastal Bend College, her Certificate in Paralegal from Texas  Careers,  and
her service personnel record as provided to her by AFPC/DPSSRP.

Applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force for a period of  four  years  on
24 April 2007.  On 18 May 2007, while  attending  Basic  Military  Training,
she was notified of her commander's intent to recommend  her  for  an  entry
level separation for a condition  that  interfered  with  military  service,
specifically mental disorders.
The commander stated the reason for the  proposed  discharge  was  that  the
applicant had been diagnosed by the Department of Mental Health  at  Wilford
Hall Medical Center  as  having  a  mental  disorder  as  contained  in  the
Diagnostic and  Statistical  Manual  of  Mental  Disorders  (DSM-IV).   They
determined the condition interfered with duty performance and  conduct,  and
was severe  enough  that  her  ability  to  function  in  the  military  was
significantly impaired.

The commander advised the applicant of her  right  to  consult  counsel  and
submit statements in her own behalf, and,  after  consulting  with  counsel,
she submitted statements in her own behalf on 22 May 2007.

A legal review was conducted on 29  May  2007,  in  which  the  staff  judge
advocate  recommended  the  applicant  be  separated  with  an  entry  level
separation.

The applicant was discharged on 1 June 2007, in the grade  of  airman  first
class (E-3), with an uncharacterized entry level  separation,  and  given  a
Narrative Reason for Separation of “Personality Disorder”,  an  RE  Code  of
“2C”    (Involuntarily    separated…entry    level    separation     without
characterization of service), and an SPD of “JFX” (Personality Disorder  (No
Board Entitlement)).  She completed a total of 1 month and  8  days  of  net
active service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial of the applicant’s request  to  change  her  RE
Code of “2C” as it is correct.  They advise corrective action will be  taken
to administratively correct her SPD to read “JFY” (Adjustment  Disorder  (No
Board Entitlement)),  and  her  narrative  reason  for  separation  to  read
“Adjustment Disorder (No Board Entitlement).”

The  discharge  was  consistent  with   the   procedural   and   substantive
requirements of the discharge regulation and was within  the  discretion  of
the discharge authority.  Additionally, the applicant  did  not  submit  any
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge processing that would warrant a change to her RE Code.

Airmen   are   given   entry   level   separation/uncharacterized    service
characterization when separation is  initiated  in  the  first  180 days  of
continuous active service.  The Department of Defense (DoD) determined  that
if a member served less than 180  days  of  continuous  active  service,  it
would be unfair to the member and the service to characterize their  limited
service.  Therefore, her uncharacterized character  of  service  is  correct
and in accordance with DoD and Air Force instructions.

The AFPC/DPSOS evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant requested that her appeal be  administratively  closed  on  or
about 11 December 2007, and her  case  was  administratively  closed  on  13
December 2007.

The applicant re-opened her appeal on 3 January 2008.  Her doctor  told  her
this diagnosis means that she was  deferred  and  that  she  does  not  have
anything  wrong  with  her.   She  furnished  copies  of  numerous   medical
documents pertaining to her mental status examinations/symptoms and  Axis  I
Diagnosis since her separation from the service.

The applicant’s complete response, with attachments, is at Exhibit G.

________________________________________________________________

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 error or injustice warranting a change to  the  applicant’s  RE
code.  We took notice of the applicant's complete submission in judging  the
merits of the case; however, we agree with the  opinion  and  recommendation
of the Air Force office of primary responsibility and  adopt  its  rationale
as the basis for our conclusion that the applicant has not been  the  victim
of an error or injustice.  We note that AFPC will take corrective action  to
administratively  change  the  applicant’s  SPD  and  narrative  reason  for
separation.  However, her uncharacterized character of  service  is  correct
and in accordance with DoD and Air Force Instructions.   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  Docket  Number  BC-2007-02943
in Executive Session on 4 March 2008, under the provisions of AFI 36-2603:

            Ms. James W. Russell, III, Panel Chair
            Mr. Garry G. Sauner, Member
            Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Sep 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOS, dated 21 Sep 07.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Oct 07.
    Exhibit E.  Letter, Applicant, undated.
    Exhibit F.  Letter, AFBCMR, dated 13 Dec 07.
    Exhibit G.  Letter, Applicant, dated 3 Jan 08, w/atchs.




                                   JAMES W. RUSSELL, III
                                   Panel Chair

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