RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01172
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The narrative reason for her separation of Adjustment Disorder
be removed from block 28 of her DD Form 214, Certificate of
Release or Discharge from Active Duty.
APPLICANT CONTENDS THAT:
1. The narrative phrase adjustment disorder may impede her
ability to find civilian employment as a clinical social worker.
She acknowledges adjusting to the military culture was difficult
but contends she does not have a mental health condition. The
characterization of her discharge has a negative stigma in the
mental health community. Further, adjustment disorder is
unnecessary because the Separation Program Designator (SPD) Code
(GFY - involuntary discharge due an adjustment disorder) is
already on the DD Form 214 in block 26.
2. The narrative wording is a Health Insurance Portability and
Accountability Act (HIPPA) violation (by not protecting her
confidentiality) because it is based on a medical diagnosis and
should not be on the form.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 30 Jun 12, the applicant initially entered the Regular Air
Force.
On 20 Mar 13, according to documentation provided by the
applicant, the applicants commander referred her for a non-
emergent mental health evaluation to determine if she had a
mental health condition that could account for her display of
behaviors leading to administrative actions. The evaluation
revealed the applicant was experiencing symptoms of anxiety and
depression likely attributable to both past and present life
stressors. The applicant was deemed unsuitable for continued
service based on the diagnosis of an adjustment disorder with
mixed anxiety and depression.
On 10 Mar 14, the applicant was furnished an honorable
discharge, with a narrative reason for separation of Adjustment
Disorder, and was credited with 1 year, 8 months, and 11 days
of active service.
The remaining relevant facts pertaining to this application are
described in the memoranda prepared by the Air Force offices of
primary responsibility (OPR), which are included at Exhibits C
and D.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, indicating there is no evidence of
an error or injustice. After episodes at work where the
applicant would excessively cry, exhibit increased anxiety, and
have trouble with adapting to military customs and courtesies,
the applicants commander directed her for a non-emergent mental
health evaluation. Based on the evaluation, the commander
notified her that he was recommending her for an honorable
discharge for a diagnosis of Axis I, Adjustment Disorder with
Mixed Anxiety and Depression; a condition that interferes with
military service. The applicant acknowledged receipt of the
notification of discharge and was advised of her right to
consult with legal counsel and submit statements on her own
behalf. The discharge authority approved the separation and
directed the applicant be discharged with an honorable service
characterization. The narrative reason for separation and
character of service was consistent with the procedural and
substantive requirements of the discharge instruction and was
within the discretion of the discharge authority.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
AFPC/JA recommends denial, indicating there is no evidence of an
error or injustice. Omitting block 28 as the applicant requests
is not permissible; DoDI 1336.01, Certificate of Release or
Discharge from Active Duty (DD Form 214/5 Series), requires the
DD Form 214 be prepared accurately and completely, to include a
narrative reason for separation, separation code, and reentry
code (if applicable). Based on the conditions upon which she
separated, the narrative description in block 26 of her DD Form
214 accurately summarizes her service, regardless of any changes
that occur post-service. With regard to impeding future
employment, Copy 1 of the applicants DD Form 214 is sufficient
proof of service without the conditions of her separation.
Further, there is no basis for the assertion the narrative
language is a HIPPA violation. Military medical providers may
release protected health information to AFPC, without the
individual's authorization or opportunity to object, when
required by law or government regulation, such as those
regulations governing the preparation of the DD Form 214 or
separation process.
A complete copy of the AFPC/JA evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 28 Jul 14 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
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. We took notice
of the applicants complete submission in judging the merits of
the case; however, the Board majority agrees with the opinions
and recommendations of the Air Force offices of primary
responsibility (OPR) and adopts their rationale as the basis for
its determination that the applicant is not the victim of an
error or injustice. The majority finds no evidence of an error
or injustice that occurred during the discharge process. Based
on the available evidence of record, it appears the discharge
was consistent with the substantive requirements of the
discharge regulation and within the commander's discretionary
authority and the applicant has provided no evidence which would
lead us to believe the narrative reason for discharge was
contrary to the provisions of the governing regulation.
Therefore, in the absence of evidence to the contrary, the Board
majority finds no basis upon which to recommend granting the
relief sought.
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
The following members of the Board considered AFBCMR Docket
Number BC-2014-01172 in Executive Session on 17 Dec 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
By a majority vote, the Board voted to deny the application.
M. voted to grant the application and has submitted a
minority report. The following documentary evidence was
considered:
Exhibit A. DD Form 149, dated 10 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 9 Apr 14
Exhibit D. Memorandum, AFPC/JA, dated 13 May 14
Exhibit E. Letter, SAF/MRBR, dated 28 Jul 14.
Exhibit F. Minority Opinion, dated 23 Dec 15.
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