RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-00872
		INDEX NUMBER: 100.00

	XXXXXXXXXXXXXXXXXX	COUNSEL:  NONE

	XXX-XX-XXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The narrative reason for his separation and separation code be changed to reflect a medical discharge.

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THE APPLICANT CONTENDS THAT:

After entering the Air Force he began remembering sexual abuse he suffered from a priest.  He was advised to get over it or get out.  Realizing he would not be able to deal with it right away, he got out.  As a result, he was separated with less than two years of service and was not eligible for separation pay.  In addition, he was required to repay the enlistment bonus he received and is ineligible for Department of Veteran Affairs (DVA) benefits.

In support of the appeal, applicant submits a statement from his Congressman, a copy of his Certificate of Release or Discharge from Active Duty, DD Form 214, his personal statement, and a copy of his Enlisted Performance Report (EPR) attesting to his performance.

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

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STATEMENT OF FACTS:

The applicant contracted his enlistment with the Air Force on 3 May 2000, for a period of six years.

On 22 March 2002, he was recommended for discharge based on the diagnosis of Post Traumatic Stress Disorder (PTSD), with delayed onset, Existed Prior to Service (EPTS).  He was honorably discharged on 15 April 2002, under the provisions of AFI 36-3208 (Personality Disorder), Separation Code “JFX,” and issued a Reenlistment Eligibility (RE) code of “2C.”

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AIR FORCE EVALUATIONS:

The BCMR Medical Consultant recommends the applicant’s narrative reason for separation be changed to “Disability, EPTS, PEB,” with a separation code of “JFM,” and review by the Disability Branch to validate the recommended change.

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

AFPC/DPPD states, in part, that while there is no legal basis to award the applicant further active service, his records should be corrected to show that he received a disability discharge under the provisions of AFI 36-3212, with a 10% disability rating, and an appropriate level of disability severance pay.

The AFPC/DPPD evaluation is at Exhibit D.

AFPC/DPPAE states that should the AFBCMR determine the medical condition existed prior to discharge, the current RE code of “2C - Involuntarily separated with an honorable discharge,” is correct.  However, should the AFBCMR determine the medical condition warrants a disability discharge with severance pay, the appropriate RE code would be “2Q - Personnel medically retired or discharged.”

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APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete copies of the Air Force evaluations were forwarded to the applicant on 23 January 2004 for review and response within 30 days.  However, 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  In this respect, we note that while on active duty, the applicant developed Post Traumatic Stress Disorder (PTSD), Delayed Onset, as a result of previously suppressed memories of childhood sexual abuse triggered by the news of child molestation allegations against a priest of several of his childhood friends.  Based on the diagnosis of PTSD, the applicant should have been processed through the Disability Evaluation System.  The BCMR Medical Consultant opines that had this occurred, a Physical Evaluation Board would have found him unfit for continued military service and recommended his disability discharge.  Therefore, we recommend his 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:

	a.	On 14 April 2002, he was found unfit to perform the duties of his office, rank, grade or rating by reason of physical disability incurred while entitled to receive basic pay; that the diagnosis in his case was Post Traumatic Stress Disorder, mild social and industrial adaptability impairment, Existed Prior to Service (EPTS), aggravated by service, VA Diagnostic Code 9411, rated at 10%; that the disability may be permanent; that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of unauthorized absence; that the disability was not incurred during a period of national emergency; and that the disability was not the direct result of armed conflict or caused by an instrumentality of war.

	b.	He was not discharged under the provisions of AFI 36-3208 on 15 April 2002, but on that date, he was honorably discharged for physical disability under the provisions of AFI 36-3212 (Disability, Existed Prior to Service, PEB), with entitlement to severance pay, with separation code “JFM,” and Reenlistment Eligibility code 2Q.

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The following members of the Board considered Docket Number BC-2003-00872 in Executive Session on 18 March 2004, under the provisions of AFI 36-2603:

				Chair
				Member
				Member

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

    Exhibit A.  DD Form 149, dated 15 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 2 Sep 03.
    Exhibit D.  Letter, AFPC/DPPD, dated 19 Dec 03.
    Exhibit E.  Letter, AFPC/DPPAE, dated 21 Jan 04.
    Exhibit F.  Letter, SAF/MRBR, dated 23 Jan 04.

                                   
                                   Chair

AFBCMR BC-2003-00872

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 XXXXXXX, XXXXXXX, be corrected to show that:

		a.  On 14 April 2002, he was found unfit to perform the duties of his office, rank, grade or rating by reason of physical disability incurred while entitled to receive basic pay; that the diagnosis in his case was Post Traumatic Stress Disorder, mild social and industrial adaptability impairment, Existed Prior to Service (EPTS), aggravated by service, VA Diagnostic Code 9411, rated at 10%; that the disability may be permanent; that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of unauthorized absence; that the disability was not incurred during a period of national emergency; and that the disability was not the direct result of armed conflict or caused by an instrumentality of war.

		b.  He was not discharged under the provisions of AFI 36-3208 on 15 April 2002, but on that date, he was honorably discharged for physical disability under the provisions of AFI 36-3212 (Disability, Existed Prior to Service, PEB), with entitlement to severance pay, with separation code “JFM,” and Reenlistment Eligibility code 2Q.

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency