RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-00966
INDEX CODE:  108.00
	XXXXXXXXXXXXXXXXX				COUNSEL: XXXXXXXXXX

	XXX-XX-XXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His administrative discharge (honorable) be changed to a disability retirement.
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APPLICANT CONTENDS THAT:

His Axis I psychiatric diagnosis of adjustment disorder warranted evaluation in the Disability Evaluation System (DES).  He was discharged improperly because he suffered an injury during a fight with a fellow dorm member, it was aggravated continuously while in the service, and continues to be aggravated today due to lack of treatment from the Department of Veterans Administration (DVA).  

In support of his application, the applicant provides a personal statement; documentation from his mental health evaluation; his commander’s notification of recommended discharge; excerpts from Air Force Instructions (AFIs) 48-123, 36-3212, and 36-3208; a copy of a memorandum for record (MFR) counseling session; and a copy of an investigating officer’s statement.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 30 November 1994, the applicant enlisted in the Regular Air Force at the age of 20 in the grade of airman basic (E-1) for a period of four years.  He was trained as a Communications - Computer Systems Apprentice.  He was progressively promoted to the grade of airman first class (E-3) effective 30 March 1996.  He received two enlisted performance reports during the period 30 November 1994 through 20 February 1997, both with an overall rating of two.

The applicant received three letters of reprimand (LORs) from 27 February 1996 to 18 December 1996 for dereliction in performance of duties; inappropriate behavior and unprofessional leadership; and departing his duty section without permission or leave.  His commander directed the applicant to report for a mental health evaluation on 15 January 1997.  The mental health evaluation, rendered diagnoses of Adjustment Disorder with mixed disturbance of emotions and conduct on Axis I of the formal psychiatric diagnosis, and Personality Disorder not otherwise specified with passive aggressive and paranoid personality traits on Axis II of the formal psychiatric diagnosis.  The attending physician stated that the applicant’s condition was so severe as to interfere with continued service and that an administrative discharge was recommended.  

On 25 February 1997, the applicant was notified of his commander’s intent to recommend that he be discharged because of a condition that interferes with military service.  The applicant acknowledged receipt of his commander’s intent.  On 25 February 1997, the applicant’s commander signed a recommendation to the discharge authority for the applicant’s discharge based on conduct prejudicial to good order and discipline.  On 27 February 1997, the applicant indicated he had consulted counsel and waived his right to submit statements.  On 6 March 1997, the discharge case file was found to be legally sufficient by the staff judge advocate assigned to the discharge authority’s staff.  The discharge authority approved the discharge under the provisions of AFR 36-32 and AFI 36-3208, paragraph 5.11.1 on 10 March 1997 and directed that the applicant be discharged without probation or rehabilitation.  The applicant was separated with an honorable discharge effective 22 March 1997 with a separation code of JFX (personality disorder) and a reentry code of 2C (involuntarily separated with an honorable discharge).  He had served 2 years, 3 months and 23 days on active duty.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the applicant’s records is warranted.  The BCMR Medical Consultant states that Adjustment Disorder and Personality Disorder are conditions that are medically disqualifying or unfitting but may render the individual unsuitable for further military service and may be the cause for administrative action by the individual’s unit commander.  Adjustment Disorder and Personality Disorder are specifically excluded as a reason for disability evaluation.  For purposes of military disability, AFI 36-3212, attachment 1 and DoD Instruction 1332.38, paragraph E2.1.25 states a physical disability is defined as including mental disease, “but not such inherent defects as behavioral disorders, adjustment disorders, personality disorders, and primary mental deficiencies.”  AFI 36-3208, Administrative Separation of Airmen, paragraph 5.11.9, lists Adjustment Disorder as well as Personality Disorder as a basis for administrative separation due to unsuitability.  Review of the applicant’s medical records found no evidence of any other medical condition that warranted evaluation in the disability system.  It is the opinion of the BCMR Medical Consultant that action and disposition in this case were proper and equitable reflecting compliance with Air Force directives that implement the law.  The BCMR Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPD recommends denial of the applicant’s request.  It is the opinion of DPPD that the applicant has failed to provide any material or documentation to show an injustice occurred during his involuntary administrative discharge processing.  The preponderance of evidence provided by the applicant does not substantiate or support his request for a disability discharge.  DPPD agrees with the BCMR Medical Consultant’s evaluation.  The DPPD evaluation is 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 18 July 2003 for review and response (Exhibit E).  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 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 an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and do not find that it supports a determination that the applicant was improperly separated from active duty in 1997.  The applicant’s medical records found no evidence of any other medical condition that warranted evaluation in the disability system.  Therefore, we agree with the opinion of the BCMR Medical Consultant that action and disposition in this case were proper and equitable reflecting compliance with Air Force directives that implement the law.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 27 August 2003, under the provisions of AFI 36‑2603:

	Vice Chair
	Member
	Member

The following documentary evidence for AFBCMR Docket Number BC-2003-00966 was considered:

	Exhibit A.  DD Form 149, dated 15 Mar 03, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, BCMR Medical Consultant, dated 2 Jun 03.
	Exhibit D.  Letter, AFPC/DPPD, dated 8 Jul 03.
	Exhibit E.  Letter, SAF/MRBR, dated 18 Jul 03.

						
									Vice Chair