RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02803
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. The following items on his DD Form 214, Certificate of
Release or Discharge from Active Duty, be changed:
a. Narrative reason of Personality Disorder
b. Separation code of JFX
c. Reentry code of 2C (involuntarily separated with an
honorable; or entry level separation without characterization of
service.
d. He be given supplemental promotion to the grade of staff
sergeant (SSgt) and his rank be corrected to reflect SSgt rather
than senior airman (SrA)
2. He be allowed to complete his dental procedures.
3. Appropriate actions be taken to correct the damages done
from the defamation of his character due to illegally labeling
him with a Personality Disorder, including payment of lost
wages.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was never diagnosed with having a Personality Disorder and
his life has been severely impacted due to this military label.
A Personality Disorder is described as an individual with a
maladaptive pattern of perceiving and responding to other
people. It creates a lifelong stigma and renders the individual
unemployable due to high social in-adaptability.
He should have been discharged with an Adjustment Disorder.
His commander listed his condition properly; however, during the
review of his discharge processing, the staff judge advocate
changed his condition to Personality Disorder.
He believes Personality Disorder was used to avoid the lengthy
process of a Medical Evaluation Board (MEB) and disability
payments.
He was prevented from completing his dental care which was noted
on his DD Form 214.
The gross lack of concern, blatant disregard for Department of
Defense (DoD) regulations, and extreme deformation of character
has irreparably damaged his future and caused great mental and
financial loss.
In support of his request, the applicant provides copies of
personal statements, extracts from his master personnel records,
a news article, letters of appreciation, and extracts from the
Code of Federal Regulation.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 8 May 2001, the applicant entered the Regular Air Force.
On 18 July 2006, the applicant was diagnosed with an Adjustment
Disorder with mixed anxiety and depressed mood, severe;
Dysthymia, early onset (chronic depression for a least two years
and commencing before age 21); Attention Deficit Hyperactive
Disorder, combined type. The Behavior Health Flight commander
recommended the applicant be discharged.
On 14 August 2006, the applicant was notified of pending
discharge action. Specifically, the commander cited the
applicants diagnosed Adjustment Disorder as the basis for
discharge. The applicant consulted counsel and waived his right
to submit statements in his own behalf.
On 18 August 2006, the staff judge advocate found the discharge
legally sufficient and recommended discharge without probation
and rehabilitation.
On 23 August 2006, the discharge authority directed discharge.
On 24 August 2006, the applicant was honorably discharged , with
a narrative reason for separation of Personality Disorder, a
separation code of JFX, and a 2C RE code.
Prior to his discharge, the applicant was provided a complete
dental examination; however, all appropriate dental services and
treatment were not provided by the Air Force within 90 days of
his separation. The applicant signed a statement of
understanding indicating he had been briefed on the eligibility
criteria concerning Department of Veterans Affairs (DVA)
outpatient dental treatment.
The applicants DD Form 214, Item 17, Member was provided
complete dental examination and all appropriate dental services
and treatment within 90 days prior separation, has been
administratively corrected to reflect Yes.
_________________________________________________________________
AIR FORCE EVALUATIONS:
HQ AFPC/DPSOS recommends partial approval. DPSOS states the
applicant was diagnosed with an adjustment disorder and his DD
Form 214 should have reflected a separation code of JFY and
the narrative reason of Adjustment Disorder. This does not
infer the applicants separation from the Air Force was unjust
or improper, rather the separation code entered on his 214 in
incorrect.
DPSOS states the applicants DD Form 214 is in error.
The complete HQ AFPC/DPSOS evaluation is at Exhibit C.
HQ AFPC/DPSOA recommends denial of his request to change his RE
code. DPSOA states the applicants 2C RE code is required
based on his involuntary separation with an honorable service
characterization.
The complete HQ AFPC/DPSOA evaluation is at Exhibit D.
HQ AFPC/DPSOE recommends denial of his request to change his
rank to SSgt. DPSOE states the applicant was not serving on
active duty on the date his promotion number would have
incremented (1 January 2007).
The complete HQ AFPC/DPSOE evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 28 January 2011 for review and comment within
30 days (Exhibit F). As of this date, this office has not
received a response.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
HQ AFPC/DPSOY makes no recommendation. DPSOY states the
applicants DD Form 214 was properly documented at the time of
discharge with regard to completion/non-completion of dental
treatment prior to separation.
The complete HQ AFPC/DPSOY evaluation is at Exhibit G.
________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 21 Jul 11 for review and comment within 15 days
(Exhibit H). As of this date, this office has not received a
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 that would
warrant a change to the applicants RE code t or rank. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an
error or injustice. In view of the above and absent persuasive
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application
4. Notwithstanding the above, sufficient relevant evidence has
been presented to demonstrate the existence of an error or
injustice to warrant partial relief. In this respect, we note
that the office of the Secretary of Defense released updated
standardized codes to specifically identify mental disorders.
Prior to this change, all mental disorders were grouped under
the code for Personality Disorder. Since the applicant was
actually diagnosed with an Adjustment Disorder, with depressed
mixed anxiety and depressed mood his separation code should have
reflected JFY and his narrative reason for separation changed
to Adjustment Disorder. Accordingly, we agree with the
opinion and recommendation of AFPC/DPSOS) and believe it is in
the interest of justice to change his records to reflect the
more appropriate code and reason. . Therefore, in order to
preclude a possible injustice to the applicant, we recommend 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 he was
discharged on 24 August 2006, with a narrative reason for
separation of Adjustment Disorder rather than Personality
Disorder, separation code of JFY rather than JFX, and a
reentry (RE) code of 2C.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-02803 in Executive Session on 23 August 2011,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-02803 was considered:
Exhibit A. DD Form 149, dated 20 July 2010, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. HQ AFPC/DPSOS, Letter, dated 8 November 2010.
Exhibit D. HQ AFPC/DPSOA, Letter, dated 9 November 2010.
Exhibit E. HQ AFPC/DPSOE, Letter, 30 November 2010.
Exhibit F. SAF/MRBR, Letter, dated 28 January 2011.
Exhibit G. HQ AFPC/DPSOY, Letter, 18 July 2011.
Exhibit H. SAF/MRBC, Letter, dated 21 July 2011.
Panel Chair
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