AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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RECORD REVIEW 

2LT 

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3
4  BRIEF OF PERSONNEL FKE 

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COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 

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NAME OF SERVICE MEMBER (LAST, F I W  MIDDLE INITIAL) 

TYPE 
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(  X  PERSONAL APPEARANCE 

MEMBERS SITTING 

HEARING DATE 
5 JUN 03 

W E  NUMBER 
FD2002-0051 

I Chamge in Reason for Discharge to Secretarial Authority. 

Advise applicant of the decision of the Board. 

SAFlMlBR 
550 C STREET WEST. SUITE 40 
RANDOLPH AFB. TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

I 

(EF-V2) 

SECRETARY OF W E  AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING. 3m FUXlR 
ANDREWS AFB. MD 20762-7002 

Previous edition will be used. 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2002-005 1 

GENERAL: The applicant appeals for a Change in Reason for discharge. 

The applicant appeared and testified before the Discharge Review Board (DRB),  without counsel at Scott 
AFB, IL on June 5,2003.  The following additional exhibit was submitted at the hearing: 

Exhibit 5:  Applicant's contentions. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Change in Reason for discharge is approved. 

The Board finds no evidence of record or that provided by the applicant, which substantiates an impropriety 
or inequity that would justify a Change in Reason for discharge.  However the Board found it inappropriate 
to characterize the applicant's  Reason for discharge as a Personality Disorder, when in fact, his diagnosis is 
Adjustment Disorder. 

ISSUES:  The applicant was discharged with an Honorable Discharge for a Mental Disorder.  His Reason 
for Discharge, as designated on his DD Form 214 is Personality Disorder, a term which is utilized under 
existing  policy,  for  discharge  for  a  Mental  Disorder.  The  applicant  feels  this  designation  unfairly 
stigmatizes him for a condition, which he feels was only temporary. The DRB concurs that the designation 
of Personality Disorder does not accurately reflect the applicant's  actual medical diagnosis. The applicant 
also feels he has since recovered from his illness and desires to be able to return to active military service, 
citing that he is better capable of handling stressors, if placed into similar circumstances in the future, such 
as a  recurrence of  his  family  financial or  medical problems.  The Board  considered the  circumstances 
leading to the member's  requirement for hospitalization and his need to be reentered to inpatient care within 
a  short period  for  suicidal prevention measures, as significant in his case.  The DRB  acknowledges the 
member's  condition has  now  been  stabilized and  he  no  longer  requires  use  of  prescribed  medications. 
However,  the  DRB opines  the  applicant's  condition  poses  an  unreasonable  risk  for  a  recurrence  or 
exacerbation over an indeterminate period, particularly if he is again exposed to the stressors attendant with 
military  service  under  austere  environmental  conditions,  while  concurrently  experiencing  significant 
personal stressors, such as concerns for the financial and medical well-being of his family. 

CONCLUSIONS: 
The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the  procedural  and 
substantive  requirements  of  the  discharge  regulation  and  was  within  the  discretion  of  the  discharge 
authority and that the applicant was provided full administrative due process. 

However, in view of the foregoing findings, the Board also concludes the applicant's reason for discharge 
should be changed to Secretarial Authority. 

Attachment: 
Examiner's Brief 

DEPARTMKNT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB,  MD 

(Former 2LT)  (HGH 2LT) 

1.  MATTER UNDER  REVIEW:  Appl recrd a  HON Disch fr USAF 00/04/12 UP AFI 36-3208, 
para 2.3.7 (Mental Disorder).  Appeals for a Change in Reason for Disch. 

2.  BACKGROUND: 

, 

a. DOB: 72/09/22.  Enlmt Age: 22 9/12.  Disch Age: 27 6/12. Educ:HS DIPL. 

AFQT: N/A.  A-N/Ar  E-N/A,  G-N/A,  M-N/A. PAFSC: 14N1 -  Intelligence. 
D M :  99/10/12. 

b.  Prior Sv:  (1) AFRes 95/07/18 - 95/11/21 (4 months 4 days)(Inactive). 

for 3 months.  Svd: 3 yrs 1 month 16 days, a l k . ~ ~ ~ .  
97/04/16-98/04/15.  SSGT -  98/09/17.  EPRs: 5,5. 

SRA-(EPR Indicates): 

(2) Enlisted as A1C 95/11/22 for 4 yrs.  Extended 96/08/29 

3.  SEPVICE UNDER REVIEW: 

, 

i 

a.  Appointed to 2Lt and ordered to EAD 99/01%08.  Svd: 01 Yrs 03 Mo 05 

Das, all AMS. 

\ 

b.  Grade Status:  none. 

c.  Time Lost:  none. 

d.  Art 15's:  none. 

e.  Additional: none. 

f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from Nellis AFB) 

h.  Awards &  Decs:  AFLSAR, AFTR W/1 DEV, NDSM, AFOSLTR, IB. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (08) Mos  (25) Das 
TAMS:  (04) Yrs  (04) Mos  (21) Das 

4 .   BASIS ADVANCED FOR RBVIEW:  Appln (DD Fm 293) dtd 02/01/31. 

(Change Discharge to Change in Reason and Authority for Discharge) 

Issue 1:  My reason for discharge was inequitable because it is an 

inaccurate representation of 52 months of impeccable service based on one 

isolated situation.  More specifically, the events leading up to my decision to 
submit a letter of resignation to the Secretary of the Air Force were as 
follows : 

1.  In November of 1998, my Godmother, my mother's sister died of cancer. 

I was unable to attend her funeral because I was in Officer Training School. 

2.  In March of 1999, my mother's breast cancer returned as well as 

metastasizing to her spine.  At the time, her condition was month to month. 

3.  In March of 1999, my mother fully informed me of my family's financial 
troubles.  I had not known until that time how bad the situation was; they were 
in a huge amount of debt and had tried unsuccessfully to sell their house in 
order to relieve a portion of it. 

4.  In April of 1999, my mother informed me of the reason for my family's 
financial difficulties: my father's gambling addiction.  She also informed that 
he was in a state of denial. 

5.  In September of 1999, while on leave and en route to Nellis AFB, I 

discovered first hand that my father was still gambling. 

Due to the aforementioned reasons, I reached the conclusion that the only way I 
could help was by returning home.  In doing so, I would be able to stem my 
family's downward spiral by tending to my mother, helping my father put an end 
to his addiction, and easing their financial burden.  Additionally, I was 
informed that transferring to the Reserves was not an option.  With this at the 
forefront of my mind, I took the steps that eventually led to my discharge. 

Issue 2:  My reason for discharge is improper because I did not have 

knowledge of what my separation code and narrative reason for separation would 
be until I received my DD 214 on my date of discharge.  In other words, I was 
informed that I was going to receive an Honorable Discharge, but I was not 
informed what my reason for discharge would be. 

Issue 3:  My reason for discharge is improper because it unfairly 

stigmatizes me, thereby significantly reducing my ability to show potential 
employers proof of my honorable service record.  In other words, although a 
professional psychologist will certainly be able to deduce the temporary nature 
of this problem, the untrained potential employer will not. 

A T M  
1. Applicant's Issues. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR WARFARE CENTER (ACC) 

NELLIS AIR FORCE BASE, NEVADA 

MEMORANDUM FOR 57 WGJCC 

'0 7  JAN  2000 

FROM:  JA 
SUBJECT:  Legal Review of Notification Letter - 2Lti 
547 IS, Nellis AFB, NV 
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C-..-.-..-....-..-. 

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1.  Background:  On ---------- 
recommended 2Lt i ---------- For  administrative di~char~e'under AFI 36-3208, paragraph 2.3.7, for 
a mental disorder. 

or about 5 Jan 99, the Commander, 547" Intelligence Squadron, 

2.  Authority:  In accordance with AFI 36-3206, paragraph 4.16.1,  the wing commander initiates 
discharge in officer cases.  Therefore, the notification memorandum must be signed and served 
by you.  ~orwkded for your review is the 547 ISJCC letter requesting that you initiate discharge. 
As the initiating authority, you may: 

a.  Sign the notification memorandum and serve it; or 

b.  Decline to ihitiate discharge. 

3.  Facts: 

. 

a.  For the Government:  A preponderance of the evidence establishes that the following 

incidents occurred: 

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1)  2Lti - - - - - - - - - - - - - - - - - - - - - , - - - -  

: is a prior enlisted member who was commissioned 
following graduation from Officer Training School (OTS) on 8 Jan 99.  He was assigned t6 
Nellis AFB, NV on or about 12 Oct 99.  Since being assigned to the 547 IS, he has not been able 
to be trained in his current career field or perform any job-related duties due to his mental 
disorder and ongoing mental health treatment at the Mike O'Callaghan Federal Hospital, Mental 
Health Element, Nellis AFB, NV. . 

1, 

2)  On or about 22 Oct 99, upon referral from the chaplain's  office, 2Lt i - - - - - - - : :was 

.-------- 

seen as an emergency walk-in at the Mentd Health Clinic, Mike O'Callaghan Federal Hospital, 
Nellis AFB, NV. AS a result of the risk assessment, he was referred for inpatient psychiatric ' 
hospitalization for safety reasons.  He was hospitalized fiom 22 Oct 99 to 1 Nov 99.  On 8 Nov 
99, he required readmission due to being inc~easingly vulnerable to suicidal thoughts.  Major 
Randy Robinette, Clinical Psychologist, Mental Health Element, Mike O'Callaghan Federal 
I _ _ _ _ _ _ _ _ . : with an Adjustment Disorder with Depressed 
Hospital, Nellis AFB, NV, diagnosed 2Lt --------- 
Mood with contributory personality features.  This evaluation found him currently impaired and 

unsuitable for performance of his duties in the United States Air ~orce. The provider 
recommended that he not be granted access to sensitive information and changed his physical 
profile to S-4T, rendering him not world-wide qualified.  Due to this diagnosis, it was 
recommended it would be in the best interest of the Air Force and 2Lt I - - - - - - -, ' that he be 
expediently administratively separated.  Additionally, as a result of this diagnosis, his security 
clearance is being revoked.  This diagnosis of a mental disorder and revocation of his security 
clearance renders him unable to perform his duties in the 547" Intelligence Squadron.  As a 
result, the 547 IS/CC recommends initiating administrative separation procedures against 
....-....- 
2LC ----- --- i 

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b.  For the Respondent:  The respondent is a 27 year old probationary Reserve 
Lieutenant with four years of total active military service.  He is entitled to wear the 
National Defense Service Medal and Air Force Training Ribbon.  This information may be 
considered to determine whether 2Lt i::  ::::: 1: :is subject to discharge and whether he should 
be discharged. 

4.  Errors and Irregularities:  There are no errors or irregularities prejudicial to the 
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substantive rights of 2Lt [:::::::: : This legal review is contingent upon 2Lti ---------. 
given a physical exam and being found qualified for world-wide duty. 

%eing 

5.  Conclusions: 

a  The file has been prepared in substantial compliance with AFI 36-3206 and is legally 

sufficient. 

b.  Under AFI 36-3206, paragraph 2.3.7,  an officer of the United States Air Force may be 

involuntarily separated for mental disorders that interfere with the officer's .--------. 
and do not fall within the purview of the medical disability process.  2Lq - - - - - - - - - : has been 
identified as having an Adjustment Disorder with Depressed Mood with contributory personality 
features.  Therefore, he is subject to involuntary separation. 

performance of duty 

- - - - - - - - . 
c.  The facts are sufficient to subject 2Ltl-------_ 

:to involuntary discharge under 

AFI 36-3206, paragraph 2.3.7.  Paragraph 2.3.7  identifies those officers subject to administrative 
discharge as officers that exhibit mental disorders that interfere with the officer's performance of 
duty and do not fall within the purview of the medical disability process.  The 26 Oct 99 letter 
fiom Maj:. . . . . . . . . . . j a psychologist, Mental Health Element, Mike O'Callaghan Federal 

I - - - - - - - - - - - -  

-  Hospital, Nellis AFB, NV, confirms that 2Lti::::::::::: 

:mental disorder is so severe that his 

ability to function in the military environment is significantly impaired. 

6.  Recommendation! I recommend you initiate administrative discharge action against 

.--------- 

2Ltl-. -. . -. . . 
attached letter of notification. 

:for a mental disorder, IAW AFI 36-3206, paragraph 2.3.7, by signing the 

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Sf*  Jiidge Advocate 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 57TH WlNG (ACC) 
NELUS AIR FORCE BASE, NEVADA 

JAN  1 4  2000 

MEMORANDUM FOR .-----------------. 

.......................................... 
SECOND LIEUTENANT! .......................................... 

[ 

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FROM:  57 WG/CC 

' 547 IS 

SUBJECT: Notification of Actionlnitiated Under AFI 36-3206, Chapter 2, paragraph 2.3.7. 

1.  I am initiating action against you under AFI 36-3206, Chapter 2, paragraph 2.3.7. 

2;  I am taking this action because you have been diagnosed with a mental disorder that has been 
determined to be so severe that it warrants your immediate discharge from the United States Air 
Force.  Specifically: 

a.  You are a prior enlisted member, who after being commissioned following graduation 

fiom Officer Training School (OTS) on 8 Jan 99, was assigned to Nellis AFB, NV, on or about 
12 Oct 99.  Since being assigned to the 547 IS, you have not been able to be trained in your 
current career field or perform any job-related duties due to your mental health disorder and 
ongoing treatment at the Mike 07Callaghan Federal Hospital, Mental Health Element, Nellis 
M B ,  NV. 

b.  On or about 22 Oct 99, upon referral fiom the chaplain's  office, you were seen as an 

emergency walk-in at the Mental Health Clinic, Mike O'Callaghan  Federal Hospital, Nellis AFB, 
NV.  As a result of the risk assessment you were referred for inpatient psychiatric hospitalization 
for safety reasons.  You were hospitalized £iom  22 Oct 99 to 1 Nov 99.  On 8 Nov 99, you 
required readmission due to being increasingly vulnerable to suicidal thoughts.  You were 
diagnosed with an Adjustment Disorder with Depressed Mood with contributory personality 
features.  This evaluation found you to be currently impaired and unsuitable for performance of 
your duties in the United States Air Force.  The provider recommended that you not be granted 
access to sensitive information and changed your physical profile to S-4T, rendering you not 
world-wide qualified. 

-  3.  The least favorable characterizatioo,of discharge that the Secretary of the Air Force may 

approve in this case is under honorable conditions (general).  Attached is a copy of documentary 
evidence to support this action. 

4.  Sign and date thetwo attached memorandum of acknowledgment immediately upon receiving 
this notification memorandum.  Give one copy of the acknowledgment memorandum to the 
officer presenting this notification to you.  If you decline to acknowledge receiving this 
notification memorandum, the officer presenting it to you will show on it the date and time that 

you declined to acknowledge receiving it.  The notification and acknowledgment memorandum 
will be a part of your case file. 

- - - - - - - - . 
-------------. 

or Cap(  - - - - - -; Area Defense Counsel, 4349 Duffer Drive, Rm 362, Nellis 

5.  Familiarize yourself with AFI 36-3206, particularly the rights that you have and the.actions 
that the MAJCOM may take on receipt of your reply to the action initiated.  Contact 
Capt.. . -. -. . . . -. 
AFB, NV, 89191-7007, ~ommercial702-652-4034, or DSN 682-4034, to discuss the procedures 
involved and your rights and options.  If you decline legal counsel, contact Maji 
, - - - - - - - - - - - - - - -  ; Chief, Military Personnel Flight, 99 MSSDPM, 4475 England ~ = ~ i d - 2 0 ,  Ste 
230, Nellis AFB, NV, 891 91 -6525, commercial 702-652-9223, or DSN 682-9223, for counseling 
about your rights and options.  If you do not take action or respond as specified in the following 
paragraphs, the MAJCOM will proceed with fiuther action under AFI 36-3206. 

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I..-.-....-.-... 

6.  Within 10 calendar days afier you receive this notification memorandum, indorse it directly to 
HQ ACCIJAM, 1 14 Douglas St, Ste 114, Langley AFB, VA, 23665-2774, datafax DSN: 
574-7650.  The MAJCOM will proceed with further action under AFI 36-3206 if it does not 
receive the indorsement within the allotted time.  Include in your indorsement: 

a.  A statement of whether you want to comment or submit documentary evidence for 

consideration in evaluating your case.  Attach any. statements or documentary evidence.  If you 
are unable to submit your statements or documentary evidence within 10 calendar days after 
receiving this notification memorandum, you may request more time as allowed under 
AFI 36-3206.  If you have requested more time to respond to the action initiated, attach a copy of 
your request. 

b.  A statement that Capt  ------------- 

:or Capt: 

-------------. 

-------- 
. . . . - . - . .I lcounseled you and that you l l l y  

understand your rights and options in this action.  If you declined counsel, so state and indicate 
that Maj Montgomery, Chief, Military Personnel Flight, counseled you and that you fully 
understand your rights and options in this action. 

c.  A statement that you understand the following regarding recoupment of education 

assistance, special pay, or bonuses received if you haven't  completed the period of active duty 
you agreed to serve: 

(1) Recoupment of a portion of education assistance, special pay, or bonus monies 

(2) Recoupment of a portion of education assistance received if involuntary discharge is 

for misconduct. 

(3) Recoupment of a portion of special pay or bonus monies received regardless of the 

basis for involuntary discharge. 

received if you voluntarily separate. 

- 

. 

(4) The recoupment in all cases is an amount that bears the same ratio to the total 

amount or cost provided to you as the unserved portion of active duty bears to the total period of 
active duty that you agreed to serve. 

(5) If you dispute that you are indebted for educational assistance, the board of inquiry, 

or, if you do not choose or are not entitled to a board of inquiry, an authority appointed by the 
MAJCOM, will make findings and recommendations concerning the validity of your 
indebtedness.  See AFI 36-3206, paragraph 4.37, regarding special rules for recoupment. 

d.  A statement notifying me whether you intend to apply for retirement or tender your 

resignation.  If you have applied for retirement or tendered your resignation, attach a copy of the 
retirement application or the resignation. 

e.  A statement that the Area Defense Counsel or Chief, Military Personnel Flight, explained 

separation pay to you and that you understand the eligibility criteria to receive separation pay. 

7.  In response to this notification memorandum, you may, within 10 calendar days, tender your 
resignation under AFI 36-3207, Chapter 2, Section B, with the understanding that, if the 
Secretary of the Air Force accepts your resignation, you may receive an under honorable 
conditions (general) discharge.  If the Secretary of the Air Force accepts your resignation, your 
discharge date will be as soon as possible but no later than 10 calendar days after the date that the 
MPF receives separation instructions. 

8.  No action is required under AFI 3 1-501. 

9.  You may request excess leave if the Air Force does not require your further participation in 
processing your case. 

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Brigadier Ge?eral,  USAF 
Commander 

Attachments: 

_  1.  547 ISICC  Recommendation Lb wlatchs 

2.  AFI 36-3206 
3.  AF136-3207 
4.  Ltr of Acknowledgement (2 cys)