RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  01-02152
							INDEX CODE 108.01  100.06
	 						COUNSEL: Tom Affeldt 

							HEARING DESIRED: Yes

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APPLICANT REQUESTS THAT:

His 1987 administrative discharge be changed to a medical discharge and the narrative reason for discharge and separation program designator (SPD) and reenlistment eligibility (RE) codes be changed accordingly.

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APPLICANT CONTENDS THAT:

His medical condition was the underlying reason for his discharge and the SPD and RE codes do not match. He believes his Airman Performance Reports (APRs) were missing when his case was reviewed.  His medical records at that time should have been used in the determination of his discharge. The two letters from the Chief of Mental Health at that time do not reflect what he and his staff wrote in the medical records the previous two weeks.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 1 Dec 75. He reenlisted on 31 Jan 86. During the period in question, he was a staff sergeant assigned to the 48th Transportation Squadron at RAF Lakenheath, England, as the NCOIC, Base Maintenance.

Medical entries reflect that the applicant visited the Nellis AFB, NV, Mental Health Clinic for marital and family problems from Mar to Jun 85. 

On 31 Jul 87, the applicant received a Letter of Reprimand (LOR) for failure to report to duty on 30 Jul 87 as stated in a branch operating instruction. The LOR indicated that this was a recurring problem and, based on his supervisor's support, he was receiving this LOR rather than an Article 15.

On 15 Oct 87, he received an Article 15 for failing to go to his appointed place of duty at the time prescribed on or about 13 Oct 87.  The applicant made a personal appearance but did not submit written materials.  He was punished with a suspended reduction in grade to sergeant until 14 Apr 88 and restricted to the base for 45 days.  The applicant did not appeal. 

On 15 Oct 87, he was referred and admitted to the Inpatient Mental Health Ward at Lakenheath due to depressive behavior following his receipt of the Article 15. He was discharged from the hospital on 20 Oct 87.  A 21 Oct 87 memo from Mental Health Services to his commander recommended he be returned to duty with follow-up group therapy sessions on a weekly basis.  The memo indicated that the applicant had been subjected to some severe stressors during the past two years [divorce, family and financial problems, insomnia] which overtaxed his adaptive capabilities, and his underlying personality structure was such that further stressors could continue to overtax his abilities.  The diagnoses were Adjustment Disorder with Depressed Mood, in resolution, and Mixed Personality Disorder with Dependent and Passive Aggressive Features.  

On 29 Oct 87, the applicant was again late for work.

A 5 Nov 87 Mental Health Evaluation to the commander diagnosed the applicant as having Mixed Personality Disorder with Dependent and Passive Aggressive Features. The memo advised that the applicant was unable to sufficiently modify his habitual patterns of behavior which interfered with adequate adjustment and caused conflict in the environment. Further, he was clearly exhibiting a failure of his present defenses to cope, resulting in anxiety which was intolerable and, without intervention, would result in acting out behavior. The memo indicated the applicant was unsuited for continued service in the Air Force and that his condition did not warrant disposition through military medical channels.

On 16 Nov 87, the applicant was notified of the commander's intent to recommend an honorable discharge for Conditions that Interfere with Military Service.  The commander cited the mental health evaluation.  The applicant waived his right to a hearing before an administrative discharge board. 

On 16 Nov 87, the commander forwarded his recommendation to the discharge authority.  The recommendation letter noted the overall ratings of the applicant's APRs and they were listed as attachments to the letter.  The overall ratings of his performance reports from 1 Dec 75 to 15 Nov 87 are: 9, 8, 5, 7, 8, 8, 9, 9, 9, 7, 8, 9, 9, 9, 9, 5.  The last APR (17 May 87-15 Nov 87) did not recommend him for retention.

On 2 Dec 87, the case was found legally sufficient.  On 3 Dec 87, the discharge authority directed the applicant's honorable discharge without probation and rehabilitation.

The applicant was involuntarily honorably discharged on 18 Dec 87 in the grade of staff sergeant with 12 years and 18 days of active service. He was issued an SPD code of "HFX" (Conditions that Interfere with Military Service-Not Character or Behavior Disorder) and an RE code of "2C" (Involuntarily separated with an honorable discharge).

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AIR FORCE EVALUATION:

The AFBCMR Medical Consultant noted that since a personality disorder was not a disability, per se, handling in the disability evaluation system (DES) was not indicated or initiated, and the applicant's honorable characterization of service was appropriate for the separation reason.  The main discrepancy found in the coding in question lies in the narrative reason for discharge [SPD code "HFX"] which clearly should not state this was "not (a) character or behavior disorder. The SPD code "HFV" (Conditions that Interfere with Military Service, Not a Disability) would appear to be better indicated as the applicant did have a character or behavior disorder that was not an unfitting, disabling condition for military service. The RE code is proper as it reflects his involuntary separation.  The records are clear in detailing the lack of any unfitting psychiatric diagnosis that might have been used for processing through the DES.  Lacking such a diagnosis, the applicant was not eligible then, and remains ineligible now, for a compensated medical disability separation.  Through the years since discharge, the DVA has diagnosed him with dysthymia, a mood disorder, but has found it not service-connected, and non-compensable.  While the applicant's stated request should be denied, the SPD code should be changed to "HFV," with the corresponding narrative reason.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPD agreed with the Medical Consultant's recommendation that the applicant's DD Form 214 more accurately identify his involuntary administrative discharge in blocks 26 and 28. Following an assessment of his records, DPPD concludes he was reasonably capable of performing his assigned military duties right up until the time of his involuntary discharge.  The applicant has not submitted any material or documentation to show he was unfit under the provisions of Chapter 61, Title 10, USC, at the time of his involuntary administrative discharge. DPPD recommends the requested relief be denied.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was tormented by his ex-wife, had trouble eating and sleeping, and did not get the help he needed.  His only non-performance was not to wake up and get to work on time.  He could not overcome this problem no matter how hard he tried.  He asks how could he serve 12 years with distinction if he suffers from this mental disorder. He does not suffer from mixed personality disorder with passive-aggressive features.  He had a medical problem of some kind, what he doesn't know, but he did not get the help needed to save his career. He has been cheated out of a military retirement and his career choices have been lessened by this untrue and unfounded stigma assigned to him.

A complete copy of applicant’s response, with attachments, is at Exhibit F.

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice to warrant partial relief. Medical records reveal the applicant was treated for various medical conditions throughout his military career, but none apparently severe enough to require disability processing.  The applicant has not demonstrated he had an unfitting condition eligible for a compensated medical disability separation or retirement.  However, the AFBCMR Medical Consultant makes a cogent recommendation to amend the applicant's narrative reason for separation and corresponding SPD code from "HFX" to "HFV." In this regard, the "HFV" code better reflects the applicant's situation, i.e., a condition that interfered with military service but was not unfitting or disabling.  Further, since the applicant was honorably but involuntarily discharged, it appears the RE code of "2C" is correct, consistent with the discharge and should remain unchanged. Therefore, we recommend the applicant's records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was honorably discharged on 18 Dec 87 for Conditions that Interfere with Military Service, Not a Disability, and was issued a separation program designator code of "HFV," rather than "HFX."
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The following members of the Board considered this application, AFBCMR No. 01-02152, in Executive Session on 20 February 2002 under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, undated, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated 7 Nov 01.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 10 Dec 01.
   Exhibit E.  Letters, SAF/MRBR, dated 14 Dec 01.
   Exhibit F.  Letter, Applicant, dated 30 Dec 01, w/atchs.

                                   

AFBCMR 01-02152

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to    , be corrected to show that he was honorably discharged on 18 December 1987 for Conditions that Interfere with Military Service, Not a Disability, and was issued a separation program designator code of "HFV," rather than "HFX."