RECORD OF PROCEEDINGS

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: DOCKET NUMBER: BC-2008-02429

INDEX CODE: 100.03, 100.06,

110.02

XXXXXXXXXXXXXXXXX COUNSEL: NONE

HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Reentry Code and Narrative Reason for Separation be changed in order to allow him to reenter the military.

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APPLICANT CONTENDS THAT:

He would like the opportunity to reenter the Air Force as he would benefit the Air Force. It has been four years since he was in the Air Force, at which time he was young and immature. He has since matured and has had been found to be in good mental health by a legitimate psychologist.

In support of his appeal, he has provided copies of his DD Form 214, and a Clinical Interview Summary prepared by a Licensed Clinical Psychologist.

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

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STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 20 April 2004. On 7 May 2004, while attending Basic Military Training, he was notified of his commander's intention to recommend him for an entry level separation for a condition that interfered with military service; specifically, a mental disorder. 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 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, with an Axis I diagnosis of Adjustment Disorder with Anxiety and Depressed Mood. The commander advised the applicant of his rights, and he subsequently waived his right to consult counsel and submitted a statement in his own behalf. A legal review was conducted on 13 May 2004, in which the staff judge advocate recommended the applicant be separated with an entry level separation.

The applicant was discharged on 17 May 2004, 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,” a Reentry Code of “2C” (Involuntarily separated…entry level separation without characterization of service), and a Separation Code of “JFX” (Personality Disorder (No Board Entitlement)). He completed a total 28 days of net active service.

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AIR FORCE EVALUATION:

AFPC/DPSOS recommends the applicant’s Separation Code be corrected to reflect “KFF” (Secretarial Authority), and his Narrative Reason for Separation be corrected to reflect “Secretarial Authority” since his current Separation Code of “JFX” does not accurately reflect his diagnosis of an “Adjustment Disorder.” They do not recommend that his Reentry Code be changed.

Prior to 2003, the Services characterized all members being discharged due to a mental disorder under a blanket Separation Code of “JFX” (Personality Disorder), with a Narrative Reason for Separation of “Personality Disorder.” This Separation Code and associated Narrative Reason did not properly distinguish the other mental disorders (Adjustment Disorder, Impulse Control Disorder, or Other Disorders) referenced in Air Force Instruction (AFI) 36-3208, paragraph 5.11.9. On 21 September 2004, the Office of the Secretary of Defense released updated, standardized Separation Codes, including the additional codes for the more specific mental disorders.

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. Therefore, the uncharacterized character of service resulting in the Reentry Code of “2C” is correct and in accordance with DoD and Air Force Instructions.

The AFPC/DPSOS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 29 August 2008, for review and comment, within 30 days. However, as of this date, no response has been received by this office.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant changing the applicant’s Separation Code to “KFF” (Secretarial Authority) and his Narrative Reason for Separation to “Secretarial Authority.” After reviewing the evidence of record, it appears the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. However, since the applicant’s separation for a mental disorder occurred before the establishment of the expanded Separation Codes and Narrative Reasons, the Board recommends his records be corrected as indicated below.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant changing the applicant’s Reentry Code. We took notice of the applicant's complete submission in judging the merits of the case and the statement he provides from a Licensed Clinical Psychologist has been noted; however, it does not persuade us that at the time of his separation, the Reentry Code assigned was not appropriate. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend favorable consideration of this portion of his application as the Reentry Code assigned appropriately identifies his entry level performance.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that at the time of his discharge on 17 May 2004, the narrative reason for

his discharge was “Secretarial Authority,” with a Separation Code of “KFF.”

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The following members of the Board considered Docket Number BC-2008-02429 in Executive Session on 29 October 2008, under the provisions of AFI 36-2603:

Ms. Charlene M. Bradley, Panel Chair

Mr. Grover L. Dunn, Member

Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

Exhibit A. DD Form 149, dated 18 Jun 08, w/atchs.

Exhibit B. Applicant's Available Master Personnel Records.

Exhibit C. Letter, AFPC/DPSOS, dated 6 Aug 08.

Exhibit D. Letter, SAF/MRBR, dated 29 Aug 08.

CHARLENE M. BRADLEY

Panel Chair

AFBCMR BC-2008-02429

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 XXXXXXXXXXXXXXXXX, be corrected to show that at the time of his discharge on 17 May 2004, the narrative reason for his discharge was “Secretarial Authority,” with a Separation Code of “KFF.”

JOE G. LINEBERGER

Director

Air Force Review Boards Agency