RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04663
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 changed.
2. His reentry (RE) code of 2K (Formally notified of
involuntary separation), be changed to a code that would allow
reentry in the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
There were numerous judicial process failures under AFI 36-3208, Administrative Separation of Airmen, regarding his discharge due
process rights.
While gathering information for possible employment with a local
police department, he realized how stigmatic and inappropriate
his discharge from the Air Force was.
He demonstrated exemplary conduct both on and off duty. While it
is true the military frustrated him during that time in his life,
he controlled his immaturity and did his job in an excellent
manner. His Enlisted Performance Report (EPR), dated 24 Oct 02,
portrays a healthy, contributing, upwardly mobile, dedicated
airmen. One month later, because of a conversation he had about
politics, he was recommended for separation.
There was no diagnosed mental health disorder; no impairment to
effective duty function; no psychiatric presentation on or off
duty; no evidence to support adverse effects or poor job
performance; and no opportunity to correct the deficiency; in
fact, there was no deficiency.
In support of his request, the applicant provides a personal
statement, excerpts from AFI 36-3208, his EPR, his mental health
examination findings, and a personal data RIP.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 Mar 01, the applicant enlisted in the Air Force, and was
progressively promoted to the grade of airman first class.
On 20 Sep 02, the applicant was evaluated by a psychiatrist for
possible decertification from the Personnel Reliability Program
(PRP). The psychiatrist recommended the applicant be permanently
decertified from the PRP and administratively separated from the
Air Force due to unsuitability. On 23 Sep 02, the PRP Medical
Consultant concurred with his recommendation.
On 4 Mar 03, the applicant was notified by his squadron commander
that he was recommending his discharge from the Air Force for a
condition that interfered with military service, specifically, a
personality disorder. The reason for the proposed action was,
the applicant was seen by a clinical psychiatrist and diagnosed
with a personality disorder that rendered him unfit for duty. It
was determined his psychological dysfunction was of such severity
that his ability to function effectively in the military
environment was significantly impaired.
On 4 Mar 03, 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 7 Mar 03, 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 12 Mar 03, the applicant was honorably discharged by reason of
personality disorder. He served on active duty for a period of
1 year, 11 months, and 28 days.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial of the applicants request to change
his RE code to one that would allow him to reenlist. DPSOA notes
the applicants DD Form 214 reflects an erroneous RE code and,
based on his involuntary separation with an honorable discharge,
the appropriate RE code is 2C. DPSOA states the applicants RE
code will be administratively corrected to reflect 2C.
The complete DPSOA evaluation is at Exhibit C.
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 notes the applicant was suspended from PRP duties for
expressing ideas and views that seriously conflicted with the
spirit and intent of the PRP program. His records do not mention
or support any violation of AFI 36-3208. Although the applicant
is apparently 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.
The complete DPSOS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
After receiving the advisory opinion, he learned there were other
mental health records in existence that are only available to his
physician. So, on this matter, he will trust the Air Forces
documentationthere was a personality disorder.
Regarding his physicians report, section 5.11 of AFI 36-3208
states This explanation should detail the effects on members
performance, conduct (on and off duty), or other reasons that
would limit the members potential for completing his or her
enlistment
. This report should not be used as, or substituted
for, the explanation of the adverse effect of the condition on
assignment or duty performance. He was discharged because he
ticked people off, not because he was worthless to the Air Force.
Under section 5.1.1, the regulation states there should have been
some reasonable effort to help him meet Air Force standards. A
month after learning of his probable discharge, his supervisor
gave him an excellent EPR. Both of his supervisors rated him as
ready for promotion. These thoughts were written down after
all of these events were set in motion.
Even with an actual diagnosis of a personality disorder, he feels
that the major injustice was that not one time did he ever get
into any sort of trouble on or off duty while he was enlisted.
The vast majority of cases similar to his deal with pervasive
mental health manifestations such as fist fights, tantrums,
suicidal ideations, drug or alcohol abuse, etc.
He does not make a point of advertising his beliefs or political
views. It all started when an airman whom he did not see eye to
eye with, decided to exaggerate the context of casual comments he
made to other members of his flight. Based on these comments the
PRP decertification process began, which is what prompted the
Life Skills appointment.
After all that is said and done, and based on the mental health
appeals the Board has ruled on in the past, he was shocked when
he read in the advisory opinion that his discharge classification
was warranted. He does not want his DD Form 214 to read that he
was discharged for being what society thinks of as crazy.
He has read dozens of similar cases where the applicant was
successful in getting their narrative reason for separation
changed to a more innocuous sounding Secretarial Authority. In
his case, he has documented great work performance free of any of
the negative issues that the majority of these cases share.
While he would feel vindicated by his full request being granted,
his real concern is over the SPD code and narrative reason for
separation. He would like to enter a career in law enforcement
and his DD Form 214 is the only issue that he needs to explain in
his life. He has completed a Masters Degree in Business
Administration, received a Citizens Award from the local police
department for his involvement in saving a life, and is also a
licensed emergency medical technician (EMT).
The applicants complete response is at 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 error or injustice. After carefully
reviewing the applicants submission, to include his rebuttal, we
do not believe relief is warranted in this case. The applicant
contends there were numerous judicial process failures at the
time of his discharge processing; however, we find no evidence to
support his claim. Based on the evidence of record it appears
the applicants discharge was in compliance with the governing
instruction and that he was afford all due process rights. He
states he demonstrated exemplary conduct and had no psychiatric
presentation both on and off duty, and there was no diagnosis of
a mental health disorder, to justify labeling his discharge as a
personality disorder. The applicant states his case falls in a
category of similar cases where relief was awarded by the AFBCMR;
however, we note each case before this Board is considered on its
own merits, and precedent does not bind us. While we strive for
consistency in the manner in which evidence is evaluated and
analyzed, we are not bound to recommend relief in one
circumstance simply because the situation being reviewed appears
similar to another case. Therefore, we find his narrative
reason for separation is correct, and find no basis to recommend
that it be changed. Regarding the applicants RE code, DPSOA
does note the applicants RE code is in error and will be
administratively corrected to 2C. We agree with this correction,
and find no basis to upgrade his RE code to one that would allow
his reentry. Therefore, aside from the administrative correction
noted above, we find no basis to recommend granting further
relief in this case.
_________________________________________________________________
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 Docket Number
BC-2010-04663 in Executive Session on 3 Nov 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Dec 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 17 May 11.
Exhibit D. Letter, AFPC/DPSOS, dated 28 Jun 11.
Exhibit E. Letter, SAF/MRBC, dated 29 Sep 11.
Exhibit F. Letter, Applicant, dated 4 Oct 11.
Panel Chair
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