Search Decisions

Decision Text

AF | BCMR | CY2008 | BC-2007-03569
Original file (BC-2007-03569.doc) Auto-classification: Denied

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





Similar Decisions

  • AF | BCMR | CY2008 | BC-2007-02771

    Original file (BC-2007-02771.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02771 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her bad conduct discharge (BCD) be changed to honorable under medical conditions. The complete JAJM evaluation is at Exhibit C. The BCMR Medical Consultant opines a change to the applicant's service characterization of General...

  • AF | BCMR | CY2008 | BC-2007-01582

    Original file (BC-2007-01582.doc) Auto-classification: Approved

    In this case, the applicant exhibited many signs of Personality Disorder and although not specifically identified by mental health providers while on active duty, his combination of depression, relationship problems, and adjustment disorder approximates a Personality Disorder diagnosis, which was frequently used at that time for those who had adjustment disorder alone. The mental health providers at that time also noted that the applicant was capable of performing his duties and hence, no...

  • AF | BCMR | CY2003 | BC-2002-03983

    Original file (BC-2002-03983.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03983 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation and separation code be changed. The AFBCMR Medical Consultant’s evaluation is at Exhibit C. HQ AFPC/DPPRS concurs with the AFBCMR Medical Consultant and recommends the applicant’s separation code...

  • AF | BCMR | CY2004 | BC-2004-00620

    Original file (BC-2004-00620.doc) Auto-classification: Approved

    The applicant did not have a severe mental disorder and was not considered mentally disordered. In his recommendation for discharge, the commander indicated he was recommending the applicant be discharged with an entry-level separation. However, after reviewing the applicant’s request and the evidence of record, we find the narrative reason for his separation; i.e., personality disorder, to be inaccurate.

  • AF | BCMR | CY2003 | BC-2002-03817

    Original file (BC-2002-03817.doc) Auto-classification: Denied

    The Findings and Recommended Disposition of the IPEB dated 13 August 2001 found the applicant unfit for duty and recommended he be discharged with severance pay with a 10% disability rating based on the following: Category I - Unfitting Conditions that are compensable and ratable: bipolar disorder associated with post-traumatic stress disorder. The Board found his medical condition for Bipolar Disorder as unfitting for continued military service and recommended he be discharged with...

  • AF | BCMR | CY2003 | BC-2002-02777

    Original file (BC-2002-02777.DOC) Auto-classification: Approved

    ________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant states that even though the narrative reason for discharge on the applicant’s DD Form 214 is listed as personality disorder, the applicant was not diagnosed with a personality disorder. However, after reviewing the applicant’s request and the evidence of record, we find the narrative reason for her entry-level separation, “Personality Disorder,” to be inappropriate. ROSCOE...

  • AF | BCMR | CY2006 | BC-2005-02954

    Original file (BC-2005-02954.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02954 INDEX CODE: 110.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 4 May 07 _________________________________________________________________ APPLICANT REQUESTS THAT: 1. The BCMR Medical Consultant’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A...

  • AF | BCMR | CY2005 | BC-2004-03123

    Original file (BC-2004-03123.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03123 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 09 APRIL 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: Her narrative reason for separation be changed to show adjustment disorder rather than personality disorder. On 8 July 2004, applicant submitted a conditional waiver of her rights...

  • AF | BCMR | CY2003 | BC-2002-02648

    Original file (BC-2002-02648.DOC) Auto-classification: Approved

    His records need to be changed to show a different reason for discharge so he can enlist in the Air Force Reserve. ________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant states that even though the narrative reason for discharge on the applicant’s DD Form 214 is listed as personality disorder, the applicant was not diagnosed with a personality disorder. ROSCOE HINTON JR. Panel Chair AFBCMR 02-02648 MEMORANDUM FOR THE CHIEF OF...

  • AF | BCMR | CY2003 | BC-2002-03944

    Original file (BC-2002-03944.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant states that even though the narrative reason for discharge on the applicant’s DD Form 214 is listed as personality disorder, the applicant was not diagnosed with a personality disorder. The BCMR Medical Consultant is of the opinion that the narrative reason for discharged should be changed to Secretarial Authority, but feels no change in the RE Code is warranted. Therefore,...