RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01870
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The following changes be made to his DD Form 214, Certificate of
Release or Discharge from Active Duty:
1. His narrative reason for separation (Personality Disorder)
and separation code (JFX) be removed from his record.
2. His reentry (RE) code be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has provided statements from two different Department of
Veterans Affairs (DVA) doctors who have stated he does not have
a personality disorder.
The codes are preventing him from gaining employment.
In support of his request, the applicant provides a copy of his
DD Form 214, and VA mental health records from Fargo, ND in Aug
05, and Salisbury, NC in Apr 10.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 Jun 00, the applicant enlisted in the Air Force, and was
progressively promoted to the grade of senior airman.
On 3 May 05, the applicant was diagnosed with a personality
disorder. Psychological testing confirmed the presence of his
anger problems, as well as a long term pattern of maladaptive
behaviors, to include an indication that he is impulsive,
hostile towards others, agitated, and given to quick changes in
mood.
On 7 Jun 05, the applicant was notified by his squadron commander
that she was recommending his discharge from the Air Force for a
condition that interfered with military service, specifically, a
mental disorder. The reason for the proposed action was the
applicant was diagnosed with a Personality Disorder that rendered
him unfit for duty. It was determined his long-standing disorder
of character, behavior, and adaptability was of such severity so
as to preclude him from adequately performing in military
service.
On 8 Jun 05, the applicant acknowledged receipt of the
notification of discharge and after consulting with legal
counsel, waived his right to submit statements in his own behalf.
On 16 Jun 05, the base legal office reviewed the case and found
it legally sufficient to support the basis for separation. The
discharge authority approved the separation and directed an
honorable discharge without probation and rehabilitation.
On 22 Jun 05, the applicant was honorably discharged, in the
grade of senior airman, by reason of Personality Disorder. He
served on active duty for a period of 4 years, 11 months, and
25 days.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial of his request to change his
narrative reason for separation and separation code. DPSOS
states based on the documentation on file in the master personnel
records, the discharge to include the narrative reason for
separation and separation code was consistent with the procedural
and substantive requirements of the discharge instruction and was
within the discretion of the discharge authority.
DPSOS further states the discharge package clearly indicates the
applicant was counseled on numerous occasions regarding his
conduct and was afforded an opportunity to meet Air Force
standards prior to the initiation of his discharge. Although the
applicant is apparently succeeding and coping well in his
civilian capacity, it does not change the basis for which he was
discharged. The military environment is unique and stressors
encountered in such an environment may not appear or surface when
removed from the military environment.
AFPC/DPSOA recommends denial of his request to change his RE
code. DPSOA states the applicants RE code (2C) is correct based
on his involuntary discharge with an honorable character of
service and is not affected by his medical diagnosis at the time
of his separation.
The complete DPSOA evaluation is at Exhibit D.
The BCMR Medical Consultant recommends consideration for a change
in the applicants narrative reason for separation and
corresponding separation code, but no change in his assigned RE
code.
The BCMR Medical Consultant states it should be noted the
probable explanation for the differences in the diagnostic
conclusions reached by the military mental health provider on
3 May 05, as compared to the VA examiner on 30 Aug 05; the former
basing the diagnostic conclusion upon objective testing and an
unsolicited pattern of observed behavior during military service,
as compared to that which was determined through an elective
interview, without the benefit of access to the military
evaluation documentation. The Medical Consultant opines that, if
not due to a Personality Disorder, then the applicants recurring
disrespect for authority figures, threatened physical
altercation, self-reported unprofessional behavior without regard
to the consequences, may have been more appropriately
characterized as Misconduct Minor Disciplinary Infractions,
and resulting in a possible general (under honorable conditions)
discharge. Notwithstanding the applicants post-service
evaluations, one accomplished within two months of separation and
the other in 2010, the Consultant finds this evidence
insufficient to invalidate the findings of the military mental
health provider and the subsequent actions taken by the discharge
authority.
The Medical Consultant opines that returning the applicant to
military service, while satisfying his employment needs, would
not be in the best interest of the Air Force. Even if not due to
a personality disorder, there likely remains a predisposition for
an unexpected, or even expected, recurrence or exacerbation of
the applicants previously demonstrated maladaptive pattern of
behavior or coping methodology under certain regimented military-
unique environmental, occupational, and emotional stressors
beyond his span of control; e.g., being assigned to a location
that is not desirable to him.
If the Board is convinced the applicants pattern of behavior
during military service was improperly characterized or the
military mental health provider committed an error in making the
concluding diagnosis of Personality Disorder; or that the
applicants pattern of behavior represented a learned survival
skill or fits within the spectrum of normal behavior then an
outright change of the narrative reason would be an appropriate
remedy; along with a change in separation code and RE code to
allow application for reentry to military service. The Medical
Consultant is of the opinion the military providers assessment
was not erroneous. However, at the risk of sounding ambivalent,
considering the 2010 repeat mental health evaluation which also
did not find evidence of a Personality Disorder, and the
likelihood the applicants pattern of behavior simply represented
misconduct, the Consultant opines that consideration of a change
in narrative reason for discharge, e.g., Secretarial Authority,
may be appropriate.
The complete BCMR Medical Consultants evaluation is at Exhibit
E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 4 Apr 11, copies of the Air Force evaluations were forwarded
to the applicant for review and comment within 30 days. To date,
a response has not been received (Exhibit F).
_________________________________________________________________
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 regarding the
applicants request for a change in his reenlistment eligibility
(RE) code. The RE code 2C issued at the time of his separation
accurately reflects the circumstances of his separation and
should remain unchanged. Therefore, in the absence of persuasive
evidence indicating the RE code is erroneous or unjust; we find
no basis to recommend granting this portion of the applicants
requests.
4. Notwithstanding the above, sufficient relevant evidence has
been presented to demonstrate the existence of an error or
injustice warranting a change in the narrative reason for the
applicants separation. After reviewing the evidence of record,
the applicants contentions, and the assessments provided by the
Air Force offices of responsibility and the BCMR Medical
Consultant, we believe the applicants narrative reason for
separation and corresponding code should be changed to
Secretarial Authority and KFF respectively. We find no error
in the actions taken to effect his discharge, and note the
narrative reason assigned at the time of his separation was
appropriate. However, in considering the applicants 2010 repeat
mental health evaluation which did not find evidence of a
personality disorder and recognizing the adverse impact his
narrative reason may have on future employment, we believe any
doubt in this matter should be resolved in the applicants
behalf. 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 22 June 2005, with a narrative reason for
separation of Secretarial Authority rather than Personality
Disorder, and a separation code of KFF rather than JFX.
_______________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-01870 in Executive Session on 24 May 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 May 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 4 Nov 10.
Exhibit D. Letter, AFPC/DPSOA, dated 2 Dec 10.
Exhibit E. Letter, BCMR Medical Consultant,
dated 15 Mar 11.
Exhibit F. Letter, SAF/MRBR, dated 4 Apr 11.
Panel Chair
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