RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03860
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility be changed from "Ineligible" to "Eligible" to allow him to enlist in the US Army.

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APPLICANT CONTENDS THAT:

He was told, upon separation from the Air National Guard (ANG), he would be allowed to reenlist at any time thereafter.  He is currently in the Army ROTC at the University of Oklahoma and would like to enlist in the Army at graduation.

In support of his appeal the applicant submits a personal statement and a character reference letter.  

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

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the --- ANG (-- ANG), on 10 June 2000 while a high school senior.  He began his service on 6 June 2001.  

Applicant was initially seen at the Wilford Hall Medical Center’s Behavioral Analysis Service (BAS) on 18 June 2001 experiencing difficulties adjusting to Basic Military Training (BMT).  He was seen again on 20 June 2001 reporting increasing difficulties adjusting to BMT as well as increased irritability and anger with related conduct disturbances.  He reported increasingly frequent recollections of his past abuse history.  BAS officials verified past civilian mental health treatment by calling the civilian medical center where the applicant received mental health treatment.  BAS officials recommended that the applicant be discharged from the Air Force given his present emotional and behavioral adjustment problems, his past placement on medication, anger control problems and his past psychiatric hospitalization.  He was diagnosed with Adjustment Disorder with Mixed Disturbance of Emotions and Conduct, Past History of Clinical Depression and Past History of Attention Deficit Disorder.  His diagnosis rendered him unable to meet retention standards for continued military service.

On 3 July 2001, the applicant received notification that he was being recommended for involuntary discharge due to failure to complete technical training.  He received an Entry-Level Separation on 5 November 2001 under the provisions of AFI 36-3209 (Entry-Level Separation, Entry-Level Performance and Conduct).  He had completed 1 year, 4 months and 26 days of service, and was serving in the grade of Airman Basic (AB/E-1) at the time of discharge.

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial of applicant’s request.  DPPI notes that based on the information provided regarding the applicant’s past mental health treatment and the BAS’s recommendation for separation for his current (at the time) mental health condition, that the discharge authority was within the procedural requirements of AFI 36-3209 to effect the discharge.  

ANG/DPPI’s complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s rebuttal states that he left BMT because he was having trouble coping with the training requirements as well as threats by his fiancé of suicide should he not return home.  He followed the advice of his peers by telling a counselor that he could not cope with BMT and, as expected, was sent home.

Applicant states that a superior officer told him that his discharge would not be permanent and that he could reenlist in a short time.  He would like to assure the board that he did not receive any documentation informing him of his rights regarding his separation: specifically his right to object to the separation.  He states that the situation with his fiancé has been resolved and that he knows of no further attachments that would inhibit exemplary military service.  He believes that, if given the opportunity, he would make a fine addition to the United States Air Force.

Applicant's response is at Exhibit E.

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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.  The majority of the Board took notice of the applicant's complete submission in judging the merits of the case and commend his academic achievements since being separated; however, the majority of the Board agrees with the opinion and recommendation of the Air National Guard office of primary responsibility and adopt their rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.  Based on the fact that at the time of entry the appliant appears to have concealed a condition that quite probably would have denied him entry into military service to begin with, and the fact that there seems to be no medical evidence that the illness has been successfully treated during the interim, the majority of the Board finds no compelling basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered AFBCMR Docket Number BC-2002-03860 in Executive Session on 8 July 2003, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny the request.  Mr. Christopher Carey voted to correct the record and did not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Dec 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ANG/DPPI, dated 12 Mar 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Apr 03.
    Exhibit E.  Letter, Applicant, undated.

                                   

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                        FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that the applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.