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AF | BCMR | CY2011 | BC-2010-03768
Original file (BC-2010-03768.docx) Auto-classification: Denied

RECORD OF PROCEEDINGS

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03768

XXXXXXX COUNSEL: NONE

HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Reentry (RE) code of 2C (Involuntarily separated with an honorable discharge) be changed.

________________________________________________________________

APPLICANT CONTENDS THAT:

His RE code should be changed to 4A (Separated for hardship or dependency reasons), 2Q (Medically retired or discharged), or 4K (Airman is pending evaluation by MEB/PEB) because he feels that each more accurately represents the circumstances of his separation. His diagnosed condition (chronic adjustment disorder with anxiety, coupled with personality disorder, not otherwise specified) should have warranted a medical review board and not an administrative separation. The severe state of his emotional condition prompted his psychiatrist, squadron superintendent, and squadron commander to seek an expedient means of separation that was hastily conceived and inappropriate to the circumstances. He has accomplished much since his discharge in terms of his education; however, no matter how much he is able to accomplish, he will never be able to erase this black spot on his record and he will continue to be turned away from Federal employment.

In support of his request, the applicant provides an expanded statement and copies of his resume, certificates, letters of appreciation, his college transcripts, and excerpts from his military personnel records.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted in the Regular Air Force in the grade of airman basic (E-1) on 11 Jun 02.

On 9 Mar 06, the applicant was notified by his commander of his intent to recommend his discharge from the Air Force for a condition that interfered with military service; specifically, for mental disorders-adjustment disorder. The basis for the action was the applicant’s diagnosis of adjustment disorder and anxiety, which was determined to be severe enough that his ability to function in the military environment was significantly impaired.

On 9 Mar 06, after consulting with legal counsel, the applicant acknowledged receipt of the letter of notification and elected to submit a statement in his behalf. The case was found to be legally sufficient on 21 Mar 08 and the discharge authority approved the commander’s recommendation, directing the applicant be discharged for conditions that interfere with military service.

On 23 Mar 06, the applicant was honorably discharged and credited with 3 years, 9 months, and 13 days of total active service. His narrative reason for separation was “Personality Disorder.”

On 30 Aug 07, the Board considered the applicant’s 24 Nov 06 request to change his narrative reason for separation of “Personality Disorder.” While he acknowledged that his narrative reason for separation was appropriately assigned, he contended that it was an injustice for him to carry the stigma of “Personality Disorder,” as it hindered his efforts to obtain employment. After considering all the facts and evidence in the case, the Board determined the applicant’s narrative reason for separation was appropriate to the circumstances and assigned in accordance with the requirements of the governing directive at the time of his separation; however, in view of the fact that “Adjustment Disorder” was recently approved as a narrative reason for separation, and noting the applicant was discharged for an adjustment disorder, the Board recommended that his narrative reason for separation be corrected in the interest of justice. As a result, the applicant was issued a new DD Form 214, Certificate of Release or Discharge from Active Duty, with a narrative reason for separation of “Secretarial Authority” and a separation program designator (SPD) code of “KFF.”

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial, indicating there is no evidence of an error or injustice. The applicant was involuntarily discharged with an honorable character of service. The RE code of “2C” is required based on the circumstances in accordance with AFI 36-2606, Reenlistment in the USAF. While the Board approved the applicant’s previous request to change his narrative reason for separation due to a long-standing recognition by medical authorities of the need to lessen the stigma of this type of discharge, it noted the applicant’s separation was proper and in compliance with the appropriate instructions and there was insufficient evidence of an error or injustice with respect to the discharge action. The RE code of “2C” is appropriate to the circumstances of the applicant’s separation, and the previous correction to his narrative reason for separation does not nullify the fact that he was involuntarily discharged with an honorable character of service.

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 Dec 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F).

________________________________________________________________

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 an error or injustice. We took notice of the applicant's 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 the applicant has not been the victim of an error or injustice. The applicant’s contentions are duly noted; however he has presented no evidence which would lead us to believe the RE code of “2C” was not appropriately assigned or did not accurately reflect the circumstances of his entry-level separation. We note the Board has previously reviewed the separation action and determined it was proper and in compliance with the appropriate governing directives. Despite this finding, the Board recommended the applicant’s narrative reason for separation be changed to “Secretarial Authority” to lessen the stigma of the original narrative reason of “Personality Disorder.” However, the Board’s action in this respect in no way serves to nullify the fact the applicant was furnished an entry-level separation, which continues to serve as the legitimate basis for the assigned RE code of “2C.” Therefore, in the absence of evidence to the contrary, 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-2010-03768 in Executive Session on 6 Jul 11, under the provisions of AFI 36-2603:

Mr. XXXXXXXXXX, Panel Chair

Ms. XXXXXXXXXX, Member

Dr. XXXXXXXXXX, Member

The following documentary evidence was considered:

Exhibit A. DD Form 149, dated 30 Sep 10, w/atchs.

Exhibit B. Applicant's Master Personnel Records.

Exhibit C. Letter, AFPC/DPSOA, dated 3 Nov 10.

Exhibit D. Letter, SAF/MRBR, dated 17 Dec 10.

XXXXXXXXXX

Panel Chair

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