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AF | BCMR | CY2011 | BC-2009-04506
Original file (BC-2009-04506.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-04506

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation of “Mental Disorder”  and  Reentry
(RE) code of 2C (Entry level separation  without  characterization  of
service) be changed to allow him to reenlist.

________________________________________________________________

APPLICANT CONTENDS THAT:

The narrative  reason  for  separation  and  RE  code  constitutes  an
injustice because he had a lot of issues going on at home when he  was
discharged.  He had received news that his mother  attempted  to  kill
herself because he was not by her side.  She had already attempted  to
take her own life twice and he did not want to be the cause of a third
attempt.  A year has passed and the circumstances which surrounded his
discharge have been rectified as he has helped  his  mother  learn  to
cope with his absence.  He has also matured since  his  discharge  and
believes he can serve successfully if given the opportunity.

In support of his appeal, the applicant provides an expanded statement
and the letter he reportedly received from his  mother  while  he  was
attending basic military training.

The applicant’s complete submission, with attachment, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted in the
Regular Air Force on 13 Jan 09 in the grade of airman first class  (E-
3) for a period of four years.

On 27 Jan 09, the applicant was  notified  by  his  commander  of  his
intent to recommend his involuntary discharge from the Air Force for a
condition that interferes with military service,  specifically  mental
disorders, under the  provisions  of      AFI 36-3208,  Administrative
Separation of Airmen.  The reason for the  action  was  his  diagnosis
with an adjustment disorder with depressed mood,  severe  enough  that
his ability to function in the military was significantly impaired.

On 27 Jan 09, the applicant acknowledged receipt  of  the  action  and
waived his rights to counsel and to submit statements on  his  behalf.
The case was subsequently found  to  be  legally  sufficient  and  the
discharge authority approved the commander’s recommendation on 28  Jan
09.

On 29 Jan 09, the applicant was furnished  an  Entry-Level  separation
with uncharacterized service and was assigned an RE code  of  2C.   He
was credited with 27 days of total active service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends the applicant’s narrative reason for  separation
and  separation  code  be  corrected   to   accurately   reflect   the
circumstances surrounding his separation.  A  review  of  his  records
revealed that his DD Form 214, Certificate  of  Discharge  or  Release
from Active Duty, incorrectly reflects he was discharged from the  Air
Force with a separation code of “JFE,” with the accompanying narrative
reason for separation of “Mental Disorder.”  Since  he  was  diagnosed
with an adjustment disorder with mixed anxiety and depressed mood, the
DD Form 214 should have reflected a separation code of “JFY,” with the
accompanying narrative reason for separation of “Adjustment Disorder.”
 This does not infer that  his  separation  was  unjust  or  improper;
rather, the separation code entered was  simply  incorrect.   Although
AFPC/DPSOS recommends these corrections be made,  they  indicate  such
corrective action will not result in  a  more  favorable  reenlistment
condition than what currently appears on his DD Form 214,  entry-level
separation.  Airmen are given  entry-level  separation/uncharacterized
service when  separation  is  initiated  in  the  first  180  days  of
continuous active service.  The Department of Defense determined  that
it would be unfair to the member and the  service  to  characterize  a
member’s service when it is less than 180 days.

A complete copy of the AFPC/DPSOS evaluation is at Exhibit C.

AFPC/DPSOA recommends denial, indicating there is no  evidence  of  an
error or injustice.  AFI 36-2606, Reenlistments in the  United  States
Air Force,  requires  an  RE  code  of  2C  be  issued  based  on  the
applicant’s entry-level separation with uncharacterized service.   The
RE code was appropriately issued  in  accordance  with  the  governing
instruction and any change would be inappropriate.

A complete copy of the AFPC/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
9 Dec 10 for review and comment within 30 days.  As of this  date,  no
response has been received by this office (Exhibit E).

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of  error  or  injustice  warranting  a  change  to  the
applicant’s RE code.  We  took  notice  of  the  applicant’s  complete
submission in judging the merits of the case; however, we  agree  with
the opinion and recommendation of the Air  Force  offices  of  primary
responsibility  and  adopt  their  rationale  as  the  basis  for  our
conclusion the applicant has not  been  the  victim  of  an  error  or
injustice with respect to the assigned RE code.  We note the applicant
was  erroneously  issued  a  separation  code  of  “JFE,”   with   the
accompanying narrative reason for separation of “Mental  Disorder”  in
conjunction with his entry level separation.  However,  since  he  was
diagnosed with an adjustment disorder with mixed anxiety and depressed
mood, he should have been issued a separation code of “JFY,” with  the
accompanying narrative reason for separation of “Adjustment Disorder.”
  We  have  been  advised  that  his   records   will   be   corrected
administratively by the office of primary  responsibility  (OPR).   As
this separation code and narrative reason  for  separation  accurately
reflects the circumstances  of  his  separation,  we  agree  with  the
administrative  correction.   We  are  aware   that   correcting   the
applicant’s separation code and narrative reason for  separation  will
not afford him the relief he seeks.  However, after a thorough  review
of all the facts and circumstances of this case, we are not  persuaded
he should be assigned an RE code and narrative reason  for  separation
that could be waived  to  allow  him  to  reenlist  in  the  military.
Therefore, in the absence of evidence the RE code  of  2C,  issued  in
conjunction with his entry level separation, was erroneously  assigned
or inaccurately reflected the circumstances of his separation, we find
no basis to recommend granting the relief sought in this application.

________________________________________________________________



THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did  not  demonstrate
the existence of material error  or  injustice;  the  application  was
denied without a personal appearance; and 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-
2009-04506 in Executive Session on 20 Jan 11, under the provisions  of
AFI 36-2603:

            Mr. XXXXXXXXXX, Panel Chair
            Ms. XXXXXXXXXX, Member
            Mr. XXXXXXXXXX, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 4 Dec 09, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOS, dated 10 Nov 10.
     Exhibit D.  Letter, AFPC/DPSOA, dated 19 Nov 10.
     Exhibit E.  Letter, SAF/MRBR, dated 9 Dec 10.




                                   XXXXXXXXXX
                                   Panel Chair




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