RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00638
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The narrative reason for his discharge on his DD Form 214, Certificate of Release or Discharge from Active Duty, be
changed.
________________________________________________________________
APPLICANT CONTENDS THAT:
He suffered a traumatic brain injury (TBI) during an automobile
accident that was mistaken for a personality disorder, resulting
in his involuntary separation.
In support of his request, the applicant provides copies of
various neurological consultations.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicants military personnel records indicate he enlisted in
the Regular Air Force on 6 Jan 00 and was progressively promoted
to the grade of staff sergeant (E-5), effective and with a date
of rank of 2 Apr 04.
On 10 Oct 06, the applicant was notified by his commander of his
intent to recommend his involuntary discharge from the Air Force
for a mental disorder and minor disciplinary infractions.
The reasons for the action were:
a. Applicants diagnosis of adjustment disorder with
depressed mood, which rendered him unsuitable for continued
military service, as documented by a commander-directed
evaluation due to repeated defiant and non-compliant actions and
a persistent trend of failure to report to duty.
b. He did, on diverse occasions between on or about
13 Jun 06 and on or about 28 Jun 06, fail to report to his
appointed place of duty, for which he received a Letter of
Reprimand (LOR), dated 30 Jun 06.
c. He did, on or about 7 Jul 06, fail to obey a lawful
order, for which he received an LOR, dated 11 Jul 06.
d. He did, on or about 14 Jul 06, absent himself from his
appointed place of duty, remaining so absent until 19 Jul 06.
Additionally, on or about 20 Jul 06, he failed to obey a lawful
order. For this misconduct, he received nonjudicial punishment
via Article 15, Uniform Code of Military Justice (UCMJ), on
20 Sep 06.
On 10 Oct 06, the applicant acknowledged receipt of the letter
of notification and offered a conditional waiver of his rights
to an administrative discharge board, contingent upon his
receipt of no less than an honorable discharge.
On 12 Oct 06, the case was found to be legally sufficient and
the discharge authority accepted the applicants conditional
waiver and approved the commanders request for involuntary
discharge on 13 Oct 06.
On 18 Oct 06, the applicant was furnished an honorable discharge
for Personality Disorder under the provisions of AFI 36-3208, Administrative Separation of Airmen. He was credited with
6 years, 9 months, and 12 days of total active service.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate office of
the Air Force and the AFBCMR Medical Consultant, which are
attached at Exhibits C and E.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends the applicants separation code be
corrected to KFF and the narrative reason for the separation
be corrected to reflect Secretarial Authority since the basis
for the applicants discharge was an adjustment disorder versus
a personality disorder. Although the applicants reported
vehicle accident pre-dates his acts of misconduct, there was no
affirmative evidence, provided by the applicant or in the
record, which reflects he was diagnosed with a TBI or the
accident was a factor in his misconduct. Additionally, the
discharge package indicates the applicants recent divorce,
resulting in his separation from his child, was the likely cause
of his adjustment disorder and subsequent discharge proceedings.
A complete copy of the AFPC/DPSOS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
2 Jul 09 for review and response within 30 days. As of this
date, no response has been received by this office (Exhibit D).
________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The AFBCMR Medical Consultant indicates there is insufficient
evidence the applicants misconduct and depressed mood were the
direct result of his car accident. However, the Medical
Consultant agrees with the AFPC/DPSOS conclusion the applicants
discharge was for an adjustment disorder versus a personality
disorder and recommends changing the narrative reason for
separation to Secretarial Authority.
A complete copy of the BCMR Medical Consultants evaluation is
at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the BCMR Medical Consultant evaluation was forwarded
to applicant on 9 Oct 09 for review and response within 30 days.
As of this date, no response has been received by this office
(Exhibit F).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting a
correction of the applicants narrative reason for separation.
While we agree with the BCMR Medical Consultants opinion that
insufficient evidence exists to conclude the applicants
reported disciplinary infractions and depressed mood were the
direct result of his reported accidental injury, we note
Personality Disorder was used for all unsuiting mental health
disorders at the time of the applicants discharge, even in
cases such as his when the diagnosis was adjustment disorder,
not personality disorder. Personality Disorder did not
properly distinguish the other mental disorders for which a
service member could be separated. While not available during
the time the applicant was discharged, adjustment disorder was
eventually approved as a valid reason for separation in February
2007. Although action and disposition of the applicants case
appears to be in compliance with the Air Force directives in
effect at the time of his discharge, we believe it would be an
injustice for the applicant to continue to suffer the stigma of
such a characterization. Accordingly, we recommend that his
records be corrected to the extent indicated below.
________________________________________________________________
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 18 October 2006, the narrative reason
for his discharge was Secretarial Authority, with a Separation
Program Designator (SPD) code of KFF.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2009-00638 in Executive Session on 3 Dec 09, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Feb 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 24 Jun 09.
Exhibit D. Letter, SAF/MRBR, dated 2 Jul 09.
Exhibit E. Letter, BCMR Medical Consultant, dated 6 Oct 09.
Exhibit F. Letter, SAF/MRBR, dated 9 Oct 09.
Panel Chair
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