RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00143
INDEX CODE: 112.10
XXXXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 2C (involuntarily discharged with an
honorable discharge) be changed to allow him to reenter the
military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has changed his attitude about his discharge. He should be
allowed to reenter the military since his country needs his
service. He has not kept his oath to complete four years. He
can be a positive testimony to other airmen.
In support of his appeal, the applicant provides a personal
statement; a copy of his DD Form 214, Certificate of Release or
Discharge from Active Duty; a copy of a Mental Health Evaluation;
a copy of a Recommendation for Discharge; a Memorandum for
Record; and a copy of a Letter of Admonishment (LOA).
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served from 3 September 2002 to 18 March 2005. He was promoted
to the grade of airman first class (E-3) effective 3 January
2004.
The applicant presented for medical care on 1 February 2005
complaining of thoughts of suicide and murder following the
dissolution of a relationship with his girlfriend. The applicant
was subsequently referred for psychiatric evaluation. A
physicians memorandum, dated 3 March 2005, found the applicant
was unsuitable for continued military service on the basis of a
diagnosis of Personality Disorder NOS (not otherwise specified).
It was determined the applicant was potentially dangerous based
upon episodes of anger/rage, lack of socially accepted norms
regarding thoughts of harming and killing others, unstable
interpersonal relationships, unstable self image and transient
paranoid ideation, and feelings of victimization.
The applicant was notified of his commanders intent to recommend
him for an honorable discharge for Conditions that Interfere with
Military Service, specifically: Mental Disorders Personality
Disorder under the authority of Air Force Program Directive 36-32
and Air Force Instruction 36-3208, paragraph 5.11.9.1. The
applicant acknowledged receipt of his commanders intent and,
after consulting counsel, submitted a statement in his own
behalf.
After considering the applicant submission, the commander
recommended the applicant be discharged with an honorable
characterization of service. On 16 March 2005, the Deputy Staff
Judge Advocate found the case to be legally sufficient and
recommended the applicant be honorably discharged. The discharge
authority approved the recommended discharge and directed the
applicant be honorably discharged without probation and
rehabilitation.
The applicant was honorably discharged effective 18 March 2005
with a reentry code 2C and a narrative reason for separation as
Personality Disorder. He served 2 years, 6 months, and 16 days
on active duty.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states that based on the
documentation on file in the master personnel records, the
discharge, to include his narrative reason for separation, was
consistent with the procedural and substantive requirements of
the discharge instruction and was within the discretion of the
discharge authority.
The complete DPSOS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA states that the RE code 2C
is required based on the involuntary separation with honorable
characterization of service per Air Force Instruction 36-2606, Reenlistment in the USAF, chapter 3. The applicant does not
provide any evidence of an error or injustice in reference to his
RE code. The RE code 2C is not driven by a medical condition,
but is based on his involuntary discharge with honorable
character of service.
The complete DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant
on 17 September 2010, for review and comment within 30 days. 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. We took
notice of the applicant's complete submission in judging the
merits of the case and do not find that it supports a
determination that the applicant was improperly separated from
active duty in 2005. The RE code issued at the time of the
applicants separation accurately reflects the circumstances of
his separation and we do not find it to be in error or unjust.
Therefore, in view of the above and absent persuasive evidence
that the applicant was denied rights to which entitled,
appropriate regulations were not followed, or appropriate
standards were not applied, we are not persuaded to correct the
record as requested. Accordingly, the applicants request is not
favorably considered.
_________________________________________________________________
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 AFBCMR Docket
Number BC-2010-00143 in Executive Session on 21 October 2010,
under the provisions of AFI 36-2603:
XXXXXXXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXXXXXXX, Member
XXXXXXXXXXXXXXXXX, Member
The following documentary evidence was considered for AFBCMR
Docket Number BC-2010-00143:
Exhibit A. DD Form 149, dated 11 Dec 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 19 Jul 10.
Exhibit D. Letter, AFPC/DPSOA, dated 23 Aug 10.
Exhibit E. Letter, SAF/MRBR, dated 17 Sep 10.
XXXXXXXXXXXXXXXXXXXXXX
Panel Chair
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