RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03538
		INDEX CODE:  100.03

		COUNSEL:  XXXX XXXX

		HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to one that would allow him to reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During basic military training (BMT), his parents learned that a babysitter had sexually abused him and his brother in the past.  His brother had been admitted to the hospital due to experiencing problems with the past abuse.  These and the contributing stress of BMT were all factors that caused unbearable emotional distress that led to his discharge.

In support of his appeal, the applicant has provided a letter from the --- County Shriffs's Office, results of psychological exams performed as part of an application for law enforcement employment, and documents pertaining to his discharge.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 March 1995.  On 20 March 1995, a military chaplain referred the applicant to Behavioral Analysis Service (BAS) after the applicant had reported a history of sexual abuse.  The resulting evaluation yielded diagnoses of Post Traumatic Stress Disorder and Dysthymic Disorder based on sexual abuse of the applicant between the ages of six and nine years old by an adult male babysitter.  BAS recommended separation from the Air Force.  

On 23 March 1995, applicant received notification that his commander was recommending him for discharge under the auspices of Air Force Instruction (AFI) 36-3208, Conditions that Interfere with Military Service, Mental Disorders.  The discharge was found legally sufficient on 23 March 1995.  The applicant was notified of his right to counsel and to submit statements on his behalf.  He acknowledged and waived both.  He was discharged on 28 March 1995 with an entry-level separation, as he had not completed his first term of service.  His character of service was uncharacterized as he had not served over 180 days.  He was issued an RE code of "2C".

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant evaluated this case and is of the opinion that no change in the record is warranted.  The applicant was administratively discharged with an entry-level separation for Post Traumatic Stress Disorder and Dysthymia that existed prior to service.  During his mental health evaluation he reported a significant history of difficulties with childhood sexual abuse, depression, and social and occupational difficulties.  At the time of his enlistment medical examination he concealed his history of depressive symptoms.  Since discharge from the Air Force, he has become an effective member of a county sheriff’s department SWAT team.  Psychological testing for his employment was reported as normal but his prior psychiatric history did not appear to be known to the evaluating psychologist.  The fact that he is functioning well at this time suggests the applicant has improved his coping ability, however it does not predict that he will respond well to the stresses of military operations, deployment, or combat when he is separated from his familiar surroundings and usual support system of family and friends.  His past psychiatric symptoms and diagnoses are still a significant risk factor for recurrence of symptoms that would interfere with the performance of duty when re-exposed to the rigors of military training and service.

The BCMR Medical Consultant’s complete evaluation is attached at Exhibit C.

AFPC/DPPRS reviewed this application and recommended denial.  DPPRS states that, based on the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.  

DPPRS’s complete evaluation is at Exhibit D.

AFPC/DPPAE reviewed this application and recommended denial.  DPPAE states that the RE code of 2C, “Involuntary separation with an honorable discharge; or entry-level separation without characterization of service,” is correct.

DPPAE’s evaluation is attached at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 30 May 2003 for review and comment within 30 days.  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 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 and commend his achievements since being separated; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and the BCMR Medical Consultant, and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, based on the evidence of record, we find no basis upon which to recommend favorable action on this application

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-2002-03538 in Executive Session on 8 July 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Nov 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 24 Feb 03.
    Exhibit D.  Letter, AFPC/DPPRS, dated 25 Mar 03.
    Exhibit E.  Letter, AFPC/DPPAE, dated 27 May 03.
    Exhibit F.  Letter, SAF/MRBR, dated 30 May 03.