RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00184
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her type of separation be changed from Discharged to
Released from Active Duty.
2. Her narrative reason for separation of Personality
Disorder, and separation code of JFX, be changed to Early
Release to Attend School, and KCE.
3. Her Reentry (RE) code of 2C which denotes Involuntarily
separated with an honorable discharge; or entry level separation
without characterization of service be changed to 1J which
denotes Eligible to reenlist, but elects separation.
4. Her AF Form 910, Enlisted Performance Report (EPR) (AB thru
TSgt), rendered for the period 13 Aug 95 through 31 Jul 96, be
declared void and removed from her records or in the alternative
be upgraded to an overall 4 rating.
5. All references to her thoughts of suicide ideations be
removed from her personnel military and medical records.
6. Her involuntary discharge documents be removed from her
personnel file.
________________________________________________________________
APPLICANT CONTENDS THAT:
In a 25-page letter, the applicant summarizes her military
career and references many instances of improprieties and
harassment against women in the military.
She states that she was psychologically abused and harassed by
her first sergeant and betrayed by her superiors.
She resented the unfair treatment and exposure to violent men
and requested an early separation, but her request was denied.
Her chain of command used the mental health clinic as a tool of
persecution. She was inaccurately diagnosed with paranoia
because she became distrustful of people.
Having Personality Disorder on her DD Form 214, Certificate of
Release or Discharge from Active Duty, for the past 16 years is
unjust and labels her for life as potential employers will
question her military service.
According to AFI 44-109, Mental Health, Confidentiality, and
Military Law, references to a members mental health should not
be contained in their military record rather they should be kept
separately at the mental health clinic.
She has been discriminated against by the US Postal Service
because of what was on her DD Form 214.
In support of her request, the applicant provides a personal
statement, a statement from her husband, copies of her DD Form
214, college transcripts, military personnel/medical records,
and various other documents associated with her request.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 13 May 91, the applicant enlisted in the Regular Air Force
for a period of six years.
On 7 Aug 96, the applicant was notified by her squadron
commander that he was recommending her discharge from the Air
Force for a mental disorder. The reason for the proposed action
was the applicant was diagnosed with a Personality Disorder that
rendered her unfit for duty. Specifically, on or about 16 Jul
96, the applicant was evaluated by a Staff Clinical
Psychologist, and was diagnosed as having an Adjustment Disorder
with Depressed Mood and a Personality Disorder, Not Otherwise
Specified (NOS) (Avoidant & Paranoid). It was determined that
the condition was of such severity that her ability to function
effectively in the military environment was significantly
impaired.
The applicant acknowledged receipt of the notification of
discharge and, after consulting with legal counsel, waived her
rights to submit statements in her own behalf.
The base legal office found the case legally sufficient to
support the separation, and the discharge authority directed an
honorable discharge without probation and rehabilitation.
On 16 Aug 96, the applicant was discharged under the provisions
of AFI 36-3208, Administrative Separation of Airmen, for
(Personality Disorder) with service characterized as honorable.
She served five years, three months, and three days of active
duty.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial of the applicants request to
change her type of separation, narrative reason for separation
and separation code.
DPSOR states that on or about 16 Jul 96, the applicant talked of
killing herself rather than living in a dorm, and agreed to the
suggestion that she see a mental health provider. She was
evaluated and diagnosed by a clinical psychologist with an
Adjustment Disorder with Depressed Mood and Personality Disorder
NOS (Avoidant & Paranoid). The applicants disorders were
determined to be severe enough to impair her ability to function
effectively in a military environment. In accordance with AFI
36-3208, paragraph 5.11.1, a recommendation for discharge must
be supported by a report of evaluation by a psychiatrist or
clinical psychologist that confirms the diagnosis of a mental
disorder.
Although the applicant is apparently succeeding and coping well
in her civilian capacity, it does not change the basis for which
she was discharged from the Air Force. The military environment
is unique and stressors encountered in such an environment may
not appear or surface when removed from the military
environment.
DPSOR states that based on the documentation on file in the
master personnel records, the discharge to include her narrative
reason for separation, type of discharge, and separation code
was consistent with the procedural and substantive requirements
of the discharge regulation and was within the discretion of the
discharge authority. The applicant did not submit any evidence
or identify any errors or injustices that occurred in the
discharge processing.
The complete DPSOR evaluation is at Exhibit C.
AFPC/DPSOA recommends denial of the applicants request to
change her RE code to 1J. DPSOA states the applicants RE code
2C is correct based on her involuntary separation with an
honorable characterization of service. The applicant is
requesting a 1J RE code; however, the applicant cannot be
awarded a 1J RE code as she was not selected for reenlistment by
her commander, since it was her commander who initiated her
involuntary discharge.
The complete DPSOA evaluation is at Exhibit D.
AFMOA/SGHW recommends denial of the applicants request to
remove the mental health note and medical note regarding her
thoughts of suicide ideations from her military medical records.
SGHW states that the available medical documents reflect
information that she was seen by mental health providers at
different times during her career. Based on the documentation
provided, a mental health provider believed that she had a
personality disorder. The discharge board convened and agreed
to the administrative separation. There is no supportive
documentation to overturn the diagnosis in question from the
applicants medical record; therefore, it should not be removed
from her record.
The complete SGHW evaluation is at Exhibit E.
AFPC/DPSID recommends denial of the applicants request to void
her 31 Jul 96 referral EPR or change the final rating to a 4.
The applicant did not file an appeal through the Evaluation
Report Appeals Board (ERAB) under the provisions of AFI 36-2401,
Correcting Officer and Enlisted Evaluation Reports due to her
separation status from active duty.
DPSID states that the contented EPR has been a matter of record
for 17 years. Based on the extensive delay in filing this
claim, the Air Force no longer has documents on file (i.e. Base
Personnel Information File, Unfavorable Information File,
Control Roster, Letter of Reprimand, etc.) which complicates any
ability to determine the merits of the applicants request.
Therefore, they see no valid reason to remove or modify the
contested report, and consider the applicants request without
merit.
The applicant received a referral EPR rendered for the period
13 Aug 95 through 31 Jul 96 after failing to attend Airmen
Leadership School (ALS). The applicant has not provided any
substantial evidence which indicates the evaluators of the
contested report wrote an unfair or impartial EPR and only
presented her view of events and of others outside the rating
chain. The applicants commander informed her to attend ALS,
and she stated that she would rather kill herself then attend
and have to relocate back to the dormitories.
DPSID points out the EPR in question makes no mention of the
pending administrative discharge but rather the offense of not
meeting her training requirements by refusing to attend ALS and
accepting higher responsibilities.
DPSID states that the inclusion of the referral comment on the
EPR was appropriate and within the evaluators authority to
document. Based on the evidence provided, or lack thereof,
DPSID concludes that the mention of failing to meet training
requirements on the contested EPR was proper and in accordance
with Air Force policies and procedures.
Regarding the applicants request to have the contested report
modified or changed, the applicant has failed to provide a
reaccomplished EPR, along with signed memorandums of
support/justification from her original evaluators at the time.
AFI 36-2401 states that If you are requesting a report be
reaccomplished, you must furnish a substitute report and the
report must be signed by the original evaluators. It also
states that the ERAB will not consider nor approve requests to
reaccomplish a report without the applicant furnishing the new
report. For this reason alone, the applicants request to
change or modify the contested report should be rejected and the
EPR remain in her permanent record.
To successfully challenge the validity of an evaluation report,
it is important to hear from the evaluatorsnot necessarily for
support, but at least for clarification/explanation. An
evaluation report is considered to represent the rating chains
best judgment at the time it is rendered. Once a report is
accepted for file, only strong evidence to the contrary warrants
correction or removal from an individuals record. The
applicant has not substantiated that the contested report is
unjust or inaccurate as written.
The complete DPSID evaluation is at Exhibit F.
AFPC/DPSOR recommends denial of the applicants request to
change her narrative reason for separation to Early Release to
Attend School. DPSOR states that the narrative reason
Personality Disorder is correct. The applicant did not submit
any evidence to support her claim, nor has she provided evidence
of being discriminated against by the US Postal Service.
The complete DPSOR evaluation is at Exhibit G.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 19 Sep 13, copies of the Air Force evaluations were forwarded
to the applicant for review and comment within 30 days (Exhibit
H). As of this date, this office has received no response.
________________________________________________________________
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. 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 that the
applicant has not been the victim of an error or injustice.
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 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-2013-00184 in Executive Session on 7 Nov 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
Due to the unavailability of XXXXXXXXX, XXXXXXXXX will sign
as Acting Panel Chair. The following documentary evidence
pertaining to Docket Number BC-2013-00184 was considered:
Exhibit A. DD Form 149, dated 7 Jan 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 11 Mar 13.
Exhibit D. Letter, AFPC/DPSOA, dated 17 Apr 13.
Exhibit E. Letter, AFMOA/SGHW, dated 10 May 13.
Exhibit F. Letter, AFPC/DPSID, dated 21 Jun 13.
Exhibit G. Letter, AFPC/DPSOR, dated 6 Aug 13.
Exhibit H. Letter, SAF/MRBR, dated 19 Sep 13.
Acting Panel Chair
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