RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00211
				INDEX CODE:  110.00
XXXXXXXXXXXXXXXXXX	COUNSEL:  None

XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His reason for discharge be changed from “Personality Disorder” to “Erroneous Enlistment.”

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APPLICANT CONTENDS THAT:

He feels the events that led to his discharge were a direct result of irresponsible counseling from his recruiting officer, XXXXXXXX  He was instructed by her to not tell anyone of his Attention Deficit Hyperactivity Disorder (ADHD), as she said it was not relevant.  He was also not told that he needed to be off medication for one year.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 1 October 2002, as an airman basic for a period of six years.

On 11 October 2002, the Wilford Hall Medical Center (WHMC) clinical psychologist diagnosed the applicant as having ADHD, Inattentive Type, per history.  The psychologist recommended an expeditious administrative discharge.

On 18 October 2002, the applicant’s commander notified him of his intent to recommend him for discharge for conditions that interfere with military service, specifically mental disorders.

The commander stated the reason for this action was the applicant was diagnosed by the Department of Mental Health, WHMC, as having a mental disorder as contained in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV).  The commander indicated that due to his condition the applicant’s ability to function in a military environment was significantly impaired.

The commander advised the applicant of his right to consult legal counsel, and if he so desired an appointment would be made upon request.  He was advised that failure to consult with counsel or submit statements could constitute his waiver of his rights to do so.

The commander indicated in his recommendation for discharge action that if his recommendation was approved, the applicant's separation would be characterized as entry-level.  

On 22 October 2002, after consulting with counsel, applicant waived his right to submit a statement.

A legal review was conducted on 25 October 2002 in which the staff judge advocate (SJA) recommended the applicant be discharged with an entry-level discharge.

The applicant was discharged on 1 November 2002, under the provisions of AFI 36-3208, Personality Disorder, in the grade of airman basic with an uncharacterized entry-level separation.  He served one month and one day of active duty service.  He received an RE code of “2C” which means he was "Involuntarily separated with an honorable discharge; or entry level separation without service characterization,” and a Separation Program Designator (SPD) code of “JFX” which denotes "Personality Disorder." 

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AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, states on 8 October 2002, the chaplain referred the applicant to the mental health clinic for an evaluation.  The applicant had reported he was experiencing difficulty with his performance in training due to distractibility, poor concentration, difficulty sleeping and feelings of anger.  The applicant revealed he was diagnosed with ADHD at age 17 and was treated with medication.  The applicant stated he did not report the ADHD at the time of his medical entrance examination.  The applicant further stated the recruiter told him and his mother the ADHD was not important enough to report if he was not currently taking medications.  The applicant’s prior diagnosis of ADHD, Inattentive Type, was confirmed and determined to be disqualifying for military service.

The applicant’s DD Form 214 lists “Personality Disorder” as the narrative reason for his discharge even though the applicant was not diagnosed with a personality disorder or maladaptive personality traits.  The term “personality disorder” is used by Department of Defense (DoD) administratively on DD Forms 214 to include all unsuiting character and behavior disorders including adjustment personality, impulsive control disorders and other 

unsuiting conditions to include learning disorders.  The DSM-IV uses the term “personality disorder” in a specific, defined manner to classify specific disorders of personality that do not include adjustment, impulse control or learning disorders. 

The applicant requests that his reason for discharge be changed to “Erroneous Enlistment.”  An erroneous enlistment is one that would have not occurred had the relevant facts been known by the Air Force and it was not the result of fraudulent conduct on the part of the member.  

The Medical Consultant further states that since the applicant was not diagnosed with a personality disorder and was not noted to demonstrate maladaptive traits or misconduct suggestive of a personality disorder, it is inaccurate to list the reason for discharge as a personality disorder.

The Medical Consultant adds that the disposition of the applicant’s case was proper and equitable reflecting compliance with Air Force directives that implement the law; however, he recommends a change in the narrative reason for discharge to “Erroneous Enlistment” or “Secretarial Authority,” but no change in the applicant’s reenlistment code.

A complete copy of the Medical Consultant’s evaluation is attached at Exhibit C.

HQ AFPC/DPPRS states the discharge was consistent with procedural and substantive requirements of the discharge regulation.  Also, the discharge was within the sound discretion of the discharge authority.  Airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  The DoD determined if a member has served less than 180 days of continuous active service, it would be unfair to the member and the service to characterize such limited service.  Therefore, the applicant’s uncharacterized service is correct and in accordance with DoD and Air Force instructions.  DPPRS further states that an entry level/uncharacterized separation should not be confused with other types of separation.  

AFPC/DPPRS concurs with the comments and recommendations of the AFBCMR Medical Consultant and recommends the separation code and narrative reason for separation be changed on DD Form 214, Blocks 26 and 28 to “JFC--Erroneous Entry” or “KFF--Secretarial Authority.”

A complete copy of the Air Force evaluation is attached at (Exhibit D).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 9 May 2003, for review and response.  As of this date, no response has been received by this office.  

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After careful consideration of the circumstances surrounding the applicant’s separation, we believe the applicant did not deliberately try to mislead the government by not disclosing his past history of Attention Deficit Hyperactivity Disorder.  We are persuaded that the applicant and his mother were advised by the recruiter not to reveal the applicant’s history of ADHD.  Further, it appears that the recruiter did not advise them that the applicant needed to be off of his medication for at least one year before attempting to enlist.  Unfortunately, the current AFI regulating separations for mental health problems does not allow coding for other than “Personality Disorder.”  We are persuaded that it would be an injustice to apply an erroneous label to an individual because of a recognized administrative shortfall as occurred in this case.  Therefore, in order to preclude a possible injustice, the Board recommends that the applicant’s SPD code and narrative reason for discharge be changed to “KFF” and “Secretarial Authority,” respectively.  However, the applicant’s current RE code was driven by his administrative discharge, which was appropriate given his Attention Deficit Hyperactivity Disorder.  He has not demonstrated that his RE code is erroneous or unjust or that he could function any better today within the military environment.  Therefore, his records should 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, in conjunction with his entry level separation on 1 November 2002, he was issued a separation program designator of “KFF” and a narrative reason of “Secretarial Authority” rather than “Personality Disorder.”

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The following members of the Board considered AFBCMR Docket Number BC-2003-00211 in Executive Session on 26 June 2003, under the provisions of AFI 36-2603:

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

	Exhibit A.	DD Form 149, dated 6 Jan 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFBCMR Medical Consultant, dated 
			8 April 03.
	Exhibit D.	Letter, HQ AFPC/DPPRS, dated 25 Apr 03.
	Exhibit E.	Letter, SAF/MRBR, dated 9 May 03.

				

AFBCMR BC-2003-00211
INDEX CODE:  110.00

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction for 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 XXXXX, XXX-XX-XXXX, be corrected to show that, in conjunction with his entry level separation on 1 November 2002, he was issued a separation program designator of “KFF” and a narrative reason of “Secretarial Authority” rather than “Personality Disorder.”