RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2002-03627
	                            INDEX CODE 123.01  123.08  121/03
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records be cleared of deserter status, the 29 Aug-5 Sep 02 period of lost time be changed to hospitalization, and he be paid for 9.5 days of lost leave and two days (16-17 Oct 02) of work.

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APPLICANT CONTENDS THAT:

His mother obtained permission for him to report to Hurlburt Field on 30 Aug 02 rather than 29 Aug 02. On 30 Aug 02, his mother took him to a civilian hospital and he was admitted for psychiatric evaluation. His mother maintained contact with the Air Force and gave them the number of the hospital, but she and the hospital were harassed with constant phone calls. On 6 Sep 02, he was designated a deserter because the hospital did not have a contract with TRICARE. The commander assured his mother that his deserter status would be changed as long as he moved to another hospital that did have a TRICARE contract, which he did on 6 Sep 02. However, the commander did not keep his word. 

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

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STATEMENT OF FACTS:

The following information was extracted from the applicant’s military personnel and medical records, which are provided at Exhibit B.

The applicant enlisted in the Regular Air Force on 16 Apr 02 for a period of six years. On 22 Apr 02, while in basic military training (BMT), he was evaluated by the Mental Health Clinic at Wilford Hall Medical Center (WHMC), Lackland AFB, for anxiety. He indicated he wanted to return home because he believed he made a mistake by enlisting. He denied suicidal or homicidal thoughts, violent behavior, or mental health history. The evaluation revealed no disqualifying mental health condition, diagnosed the applicant as having an adjustment disorder with anxiety, and recommended he be returned to duty.  

On 31 May 02, the applicant graduated from BMT. He was assigned to the 366 Training Squadron at Sheppard AFB, TX, on 3 Jun 02, for technical training. 

The applicant was seen by the Stress Management Group and the Psychology Clinic at Sheppard Hospital on 25 Jun 02 following his grandfather’s funeral. He related he wanted to separate from the military as he was unable to adapt to the lifestyle. He appeared unmotivated to change and was diagnosed with an occupational/phase of life problem. He was also examined by the Sheppard Internal Medical Clinic on 11 Jul 02 for a cough which apparently started in the first week of BMT after the death of an airman and worsened after the applicant’s grandfather passed away. All tests were normal. Diagnosis was anxiety disorder with chronic cough as manifestation. The applicant agreed that the cough was probably stress-related. Stress management was recommended.

On 31 Jul 02, the applicant received orders for the 823 Red Horse Squadron at Hurlburt Field, FL, with a report no later than (NLT) date of 29 Aug 02. He graduated from training and left Sheppard on 14 Aug 02.

Before reporting to Hurlburt, the applicant went on leave to visit his family in Tampa/St. Petersburg, FL. While he was on leave, he or his family apparently contacted a Congressional Representative. A 22 Aug 02 response from the Secretary of the Air Force, Legislative Liaison (SAF/LLI), to the Representative provided details of the applicant’s medical complaints, treatment in the military, and his declination of supportive therapy and additional counseling. In addition, the letter advised the applicant had submitted an application on 7 Aug 02 for a miscellaneous separation, which was currently pending the wing commander’s recommendation. 

While on leave, the applicant seemed to have developed suicidal thoughts and was involuntarily hospitalized at St. Anthony’s Hospital in St. Petersburg on 31 Aug 02. 

On 5 Sep 02, the applicant was placed in deserter status, effective 29 Aug 02. A 5 Sep 02 letter from the 366th Training Squadron commander notified the applicant’s mother of his unknown status, that multiple attempts to contact him and/or officially confirm his whereabouts were unsuccessful, and that available information indicated he had no intention of returning. She was asked to urge him to report to Hurlburt Field or the nearest military facility and was advised whom to contact. 

The applicant was removed from deserter status on 6 Sep 02, when he was transferred from St. Anthony’s to Tampa General Hospital. He was discharged from Tampa General on 16 Sep 02, picked up by military authorities, and transported to MacDill AFB. He also underwent a referral evaluation by a civilian counseling facility on 24 Sep 02; a mixed personality disorder with dependent features was considered likely.

According a 25 Sep 02 mental health narrative summary by the 6th Medical Group, MacDill AFB, FL, the applicant related that one of his peers in BMT died due to an accident and a previously undiagnosed medical condition, and another person who heard about it committed suicide. He indicated that while at Sheppard he became angry at the military and wanted to get out because it was not doing right by him and would not listen to him. He went home on leave and refused to come back. While at Tampa General he received a battery of psychological testing and was placed on antidepressant and antipsychotic medication, with good improvement. The diagnosis was adjustment disorder with mixed disturbance of emotions and conduct, brief psychotic disorder with mild/moderate stressors, personality disorder, not otherwise specified, manifested by schizoid, immature and dependent features. The summary’s assessment was that the applicant’s ability to function in the military was significantly impaired, and his psychiatric difficulties represented conditions that existed prior to service (EPTS), as well as other conditions that were the result of being in the military. The summary recommended prompt administrative discharge.

On 7 Oct 02, the applicant was notified of his group commander’s intent to discharge him for conditions interfering with military service, specifically mental disorders. After consulting counsel, the applicant submitted a statement, explaining he experienced three deaths in five months and no one addressed his problems.

On 9 Oct 02, the commander recommended the applicant be honorably discharged for the reasons cited in the notification letter, without probation and rehabilitation. On 16 Oct 02, the discharge authority approved the separation.

On 17 Oct 02, the applicant was honorably discharged for personality disorder in the grade of airman first class with six months and one day of active service. 

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AIR FORCE EVALUATION:

HQ AFPC/DPW recites facts pertaining to the applicant’s deserter status and finds his explanation on his DD Form 149 to be inconsistent with the military record. They recommend his request to remove the lost time be denied.

A complete copy of the evaluation, with attachments, is at Exhibit C.

HQ AFPC/DPSFM advises the applicant’s Master Military Pay Account (MMPA) shows he earned 13 days and used 19 days of leave in FY02. He entered FY03 with a negative leave balance of 6 days, earned an additional 1.5 days of leave prior to separation on 17 Oct 02, leaving a negative leave balance of 4.5. Denial is recommended since the applicant did not lose leave. [Note: AFPC/DPSFM advised the AFBCMR Staff via email that if the lost time were voided, the applicant would only gain a half day of leave, which would reduce his negative leave balance to 4, rather than 4.5, days.]

A complete copy of the evaluation, with attachment, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the evaluations were forwarded to the applicant on 28 Mar 03 for review and comment within 30 days. As of this date, this office has received no response.

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ADDITIONAL AIR FORCE EVALUATION:

The AFBCMR Medical Consultant discusses the facts of the case and notes that personality disorders are not a disease, but lifelong patterns of maladjustment in an individual’s personality structure which are not medically disqualifying or unfitting. These disorders may render the individual unsuitable for further military service and may be cause for administrative or disciplinary action either due to misconduct or unsuitability.  Air Force members are held accountable for their actions when they know right from wrong. While the applicant was experiencing severe emotional distress over his situation and even experiencing auditory and visual hallucinations, there is no evidence that his decision not to report for duty was due to insanity. The details of when the applicant’s chain of command was aware he was hospitalized are not clear. Under circumstances not involving misconduct (e.g., a member is hospitalized due to injuries sustained in a vehicle accident while enroute to a new duty station, even with a delay of notification), a member is not ultimately listed in AWOL/deserter status. In this instance, the applicant’s chain of command apparently had the impression that he intended not to report for duty and listed him in deserter status immediately at midnight on his report NLT date of 29 Aug 02. In retrospect, it is clear the applicant was unsuited for military service and the severity of his psychiatric state at the time he was hospitalized may be considered mitigating to some extent; however, his decision not to report for duty was intentional and preceded his hospitalization. For the period of time he was listed in AWOL/deserter status, he is responsible for the medical bills incurred (30 Aug-5 Sep 02). For the period he was not listed in deserter status, all of his medical bills should be handled by the military and he should not have financial responsibility for medical bills while on active duty (6-16 Sep 02). The Medical Consultant is of the opinion favorable consideration may be considered in light of mitigating circumstances discussed above.

A complete copy of the additional evaluation is at Exhibit F.

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APPLICANT’S REVIEW OF ADDITIONAL EVALUATION:

A complete copy of the additional evaluation was forwarded to the applicant on 1 May 03 for review and comment within 30 days.  As of this date, this office has received no response.

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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 timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant removing the lost time or restoring any leave and pay. The applicant asserts, in part, that his mother obtained permission for him to report to duty a day later and that he was placed on deserter status because the admitting hospital did not have a contract with TRICARE. The available evidence appears to contradict these contentions. The applicant’s “breaking” point seemed to have occurred when he could not get his leave extended over a holiday weekend and beyond his report NLT date. According to the commander’s 5 Sep 02 letter, the applicant’s squadron still could not confirm his whereabouts as of that date and had reason to believe he did not intend to return to duty. This is borne out by the applicant’s 7 Aug 02 request to separate for miscellaneous reasons and his previously and strongly expressed desire not to remain in the military or to report to his new assignment. We may be unable to determine precisely when his chain of command was aware he had been hospitalized, but while his location may have been unknown, the record clearly shows that his intention to avoid returning to duty was not. We have little doubt the applicant probably never should have chosen to enlist in the first place given his pre-existing personality disorder. His anxiety, unhappiness, and dissatisfaction with military life, while not uncommon to new young airmen, probably exacerbated his already unsound emotional state. The Medical Consultant’s analogy of a member hospitalized due to injuries sustained in a vehicular accident is not fully applicable here. Although the applicant’s mental state at the time he was hospitalized may be mitigating to some extent, his decision not to report to duty was intentional and preceded his hospitalization. The applicant has failed to show that he did not know right from wrong, is not accountable for his actions, or that the Air Force is somehow culpable for his circumstances. The applicant also has not substantiated his claim that he is entitled to additional pay or that he lost leave when, in fact, he had a negative leave balance. Absent persuasive evidence to the contrary, we see no error or injustice in this case and find no compelling basis to recommend granting the relief sought.

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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.

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The following members of the Board considered this application in Executive Session on 25 June 2003, under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2002-03627 was considered:

  Exhibit A.  DD Form 149, dated 8 Nov 02, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, HQ AFPC/DPW, dated 27 Jan 03, w/atchs.
  Exhibit D.  Letter, HQ AFPC/DPSFM, dated 24 Mar 03, w/atch.
  Exhibit E.  Letter, SAF/MRBR, dated 28 Mar 03.
  Exhibit F.  Letter, AFBCMR Medical Consultant, dated 25 Apr 03.
  Exhibit G.  Letter, AFBCMR, dated 1 May 03.