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AF | BCMR | CY2012 | BC-2012-03868
Original file (BC-2012-03868.txt) Auto-classification: Denied
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 commander’s 
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 applicant’s 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 applicant’s 
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 servicemember’s 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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