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AF | BCMR | CY2008 | BC-2007-03951
Original file (BC-2007-03951.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03951
                                             INDEX CODE:  100.03, 100.06
      XXXXXXXXXXXXXXXXXXX               COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Reentry (RE) Code be changed from “2C” to “4C.”

________________________________________________________________

APPLICANT CONTENDS THAT:

His Training Instructor threatened his life and he was  looking  for  a  way
out without thinking of the consequences.  He made it known he  wanted  out,
and was advised by a counselor he  would  be  discharged  if  he  stated  he
suffered from depression and  anxiety.   He  does  not  have  a  personality
disorder, and would be willing to see a counselor to prove it.

In support of his appeal, he has provided copies of his  DD  Form  214,  his
separation order, and a copy of his administrative discharge case.

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
25 September 2007.

On 17  October  2007,  while  attending  Basic  Military  Training,  he  was
notified of his commander's intent to  recommend  him  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  the  applicant’s  diagnosis  by  the  Department  of
Mental Health at Wilford Hall Medical Center of 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 his ability to function in the  military
was significantly impaired.  The commander  advised  the  applicant  of  his
rights, and he subsequently waived his  right  to  consult  counsel  and  to
submit statements in his own behalf.

A legal review was conducted on 18 October 2007, in which  the  staff  judge
advocate  recommended  the  applicant  be  separated  with  an  entry  level
separation.

The applicant was discharged on 22 October 2007,  in  the  grade  of  airman
basic (E-1), 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  a  Separation  Code  (SPD)  of   “JFX”
(Personality Disorder (No Board Entitlement)).   He  completed  a  total  28
days of net active service.

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 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.


________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial of the applicant’s request  to  change  his  RE
Code to “4C” as there is no error or injustice noted.  RE Codes in the  “4C”
series are used for those members  separated  for  concealment  of  juvenile
records, minority, failure to meet physical  standards  for  enlistment,  or
failure  to  attain  9.0  reading   grade   levels.    The   applicant   was
involuntarily  discharged  based  on  mental  disorders  observed   by   the
appropriate military medical professionals.  Additionally, if the  applicant
now claims the reasons for the discharge were fabricated,  more  appropriate
actions must be taken.

Corrective  action  has  been  taken   to   administratively   correct   the
applicant’s SPD to read “JFY” (Adjustment Disorder (No Board  Entitlement)),
and his narrative reason for separation to  read  “Adjustment  Disorder  (No
Board Entitlement).”

The AFPC/DPSOS evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  28
March 2008, for review and comment, within 30 days.   However,  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  error  or  injustice.   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  has  taken  corrective  action  to  administratively  change  the
applicant’s SPD Code and narrative  reason  for  separation.   However,  his
uncharacterized character  of  service  and  RE  Code  are  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-2007-03951
in Executive Session on 21 May 2008, under the provisions of AFI 36-2603:

                       Ms. B.J. White-Olson, Panel Chair
                       Mr. Elwood C. Lewis, III, Member
                       Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Nov 07, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter,AFPC/DPSOA , dated 21 Dec 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Mar 08.



                                   B.J. WHITE-OLSON
                                   Panel Chair

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