RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03569
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation "Unsuitable - Apathy, Defective
Attitude" be changed to a medical discharge
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes he should have received a medical discharge. Prior to his
discharge he was dealing with stress, anxiety, and depression. He states
he had a nervous breakdown and tried to commit suicide.
In support of his request, the applicant provided a personal statement and
copies of his DD Forms 214, Certificate of Release or Discharge from Active
Duty, and a letter from his psychotherapist.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 18 June 1979. On 25
November 1980, the applicant was notified by his commander of his intent to
recommend his discharge from the Air Force under the provisions of AFM 39-
12, chapter 2, section A, paragraph 2-4c. The specific reasons for this
action were that the applicant received numerous Letters of Reprimand
(LORs), Letters of Counseling (LOCs), and Article 15s for failure to go
during the time period 2 October 1979 to 20 November 1980.
He was advised of his rights in this matter and acknowledged receipt of the
notification on that same date. After consulting with counsel the
applicant elected to submit statements on his own behalf. An evaluation
officer conducted a personal interview and recommended discharge without
rehabilitation. In a legal review of the case file, the deputy staff judge
advocate found the case legally sufficient and recommended discharge. On
12 January 1981, the discharge authority concurred with the recommendations
and directed discharge with a general discharge, without probation and
rehabilitation. Applicant was discharged on 12 January 1981. He served 1
year, 6 months and 26 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 100% for bipolar disorder (previously diagnosed as
depressive reaction).
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends changing the reason for discharge
to Secretarial Authority along with an upgrade of service characterization
to honorable. The Medical Consultant states he found no act of inequity or
impropriety in the reason for the applicant's discharge and the
characterization of his military service at the time of his discharge.
It is clear the applicant had a chronic alcohol problem. Due either to an
underlying illness (characterized by maladaptive behavior) or the
applicant's willful use alcohol, his duty performance and his pattern of
behavior on and off-duty declined. Despite the applicant's alcohol
habituation, he was expected to distinguish the difference between right
and wrong and understand the errors of his ways. Nonetheless, he continued
the consumption of alcohol despite the efforts put forth for a permanent
resolution by his commander and health care providers. A level of
intolerance was reached by his commanding officer which resulted in his
discharge. Thus, absent the co-existence of a delusional disorder or
active psychotic disorder, the applicant would be held fully responsible
for the infractions he committed.
After collectively considering the relative proximity between the time of
the applicant's discharge, the otherwise unexplained decline in his duty
performance, and the relative proximity of his bipolar disorder diagnosis
to the date of his discharge, the BCMR Medical Consultant is of the opinion
that there may have been a nexus between the applicant's, yet to be
diagnosed, bipolar disorder, a recognized lifelong illness, and his
recalcitrant maladaptive pattern of behavior. Specifically, persons with a
bipolar disorder often exhibit poor judgment and poor impulse control, with
extended periods of depressed mood followed by periods of high energy and
motivation. One can only speculate at this point, that the applicant's
initial successes followed by an unexplained decline in his performance and
behavior may have been a manifestation of his underlying mood disorder.
Although the applicant now reportedly receives a 100% disability rating
from the DVA for his bipolar disorder, his condition at the time of his
discharge likely did not rise to the threshold for the minimum disability
rating, outlined in the VA Schedule for Rating Disabilities; particularly
after removing the significant contributory effect of his noncompensable
and nonratable chronic alcohol habituation. However, had the applicant's
bipolar disorder been diagnosed prior to his discharge, by today's
standards, his case would have warranted a "dual-action" by the Secretary
of the Air Force Personnel Council, for a determination of the reason for
discharge (medical versus administrative) and the characterization for his
military service (honorable versus general); bearing in mind that even if
the bipolar disorder could explain his maladaptive pattern of behavior, it
would not automatically excuse it.
The complete BCMR Medical Consultant's evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 March 2008, the evaluation was forwarded to the applicant for review
and comment within 30 days (Exhibit C). As of this date, this office has
received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice which would warrant changing the
applicant's narrative reason for separation to reflect he received a
medical discharge. The applicant's contentions are duly noted; however,
insufficient evidence has been provided showing that at the time of his
separation, he suffered from a medical condition that would have rendered
him eligible for consideration in the disability evaluation system.
Therefore, in the absence of such evidence, we find no compelling basis to
recommend granting the requested relief.
4. Notwithstanding the above, we note the AFBCMR Medical Consultant
recommends changing the applicant's narrative reason for separation to
Secretarial Authority along with upgrading his character of service to
honorable. It appears that a medical condition may have existed at the
time that was not properly diagnosed and may not have been taken into
consideration during the time of his discharge processing. While the
existence of the condition may not have excused his behavior, it is our
opinion that had it been taken into consideration during his discharge
processing there is plausible reason to believe the characterization of his
service may have been different. Therefore, we agree with the AFBCMR
Medical Consultant that it would be in the best interest of justice in this
case that his records be corrected as indicated below.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that on 12 January 1981, he was
honorably discharged under the provisions of AFR 39-10, paragraph 1-2,
(Secretarial Authority) with a Separation Program Designator Code of KFF.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 15 May 2008, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. James G. Neighbors, Member
Ms. Janet I. Hassan, Member
All members voted to correct the records, as recommended. The following
documentary evidence pertaining to AFBCMR Docket Number BC-2007-03569 was
considered:
Exhibit A. DD Form 149, dated 24 August 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 5 March 2008.
Exhibit D. Letter, SAF/MRBR, dated 7 March 2008.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR BC-2007-03569
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to XXXX, be corrected to show that on 12 January 1981, he was
honorably discharged under the provisions of AFR 39-10, paragraph 1-2,
(Secretarial Authority) with a Separation Program Designator Code of KFF.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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