RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03868
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her narrative reason for separation be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her medical condition should not be listed on her DD Form 214,
Certificate or Release from Active Duty, as it violates her
privacy and the Health Insurance Portability and Accountability
Act (HIPAA).
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 Jul 00, the applicant enlisted in the Regular Air Force.
0n 10 May 04, the applicant was diagnosed with a depressive
disorder. Subsequently, on 18 Aug 04, she was diagnosed with a
Personality Disorder Not Otherwise Specified (Histrionic and
Narcissistic Traits) by the Life Skills Support Center. Because
her diagnosis was so severe, her ability to function effectively
in the military environment was significantly impaired.
On 30 Aug 04, the applicant was notified of her commanders
intent to recommend that she be discharged from the Air Force
under the provisions of AFI 36-3208, Administrative Separation
of Airmen for Conditions that Interfere with Military Service,
specifically, Mental Disorders. The applicant acknowledged
receipt of the notification of discharge, consulted with counsel
and waived her right to submit a statement on her own behalf.
On 24 Sep 04, the case file was determined to be legally
sufficient to warrant discharge. On 28 Sep 04, the discharge
authority approved her discharge and directed an honorable
discharge, without the offer of probation and rehabilitation.
On 7 Oct 04, the applicant was discharged from the Air Force in
the grade of senior airman with an honorable discharge. She
served four years, three months and two days of total active
service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states that based on
documentation on file in the applicants master personnel
records her discharge to include the narrative reason 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.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 23 Oct 12, for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely 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 a
thorough review of the evidence of record and the applicants
submission, it is our opinion that given the circumstances
surrounding her separation from the Air Force, the narrative
reason for separation assigned was proper and in compliance with
the appropriate directives. We note the applicant contends the
Air Force violated the Health Information Portability and
Accountability Act (HIPAA) by listing her medical condition on
the DD Form 214. However, the applicant cites no specific
provision of HIPAA or regulations that were violated.
Additionally, we note that eight copies of the DD Form 214 are
generated upon each servicemembers separation from the Armed
Forces. However, none of these copies are made available to the
general public. The Department of Defense (DoD) recognizes,
however, that servicemembers will likely want to use their DD
Forms 214 in their search for civilian employment. For this
reason, copy one is given to the servicemember with the intent
that it be provided to future employers. Copy one does not
contain a reason for separation. The remaining copies do state
the reason for separation. The disclosure of DD Forms 214 is
also protected by the Privacy Act and will be provided to
authorized personnel for official purposes only. In view of the
above and in the absence of evidence to the contrary, we find no
basis upon which to recommend granting the relief sought.
________________________________________________________________
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-2012-03868 in Executive Session on 9 May 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Aug 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 11 Oct 12.
Exhibit D. Letter, SAF/MRBR, dated 23 Oct 12.
Panel Chair
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