RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01294
		INDEX CODE:  110.00

		COUNSEL:  None

		HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

His separation and reenlistment codes be changed to allow him to reenlist in to military service.

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APPLICANT CONTENDS THAT:

He requested in 1993, to be discharged because of personal hardship due to a family member.  He was recently married before he deployed to Germany and his wife had a history of medical conditions of which he was not totally aware.  She became addicted to pain pills due to the various medical conditions for which she was being treated.  Because of her medical state and being away from her immediate family, she became very frustrated and it was difficult to deal with her.  She began bouncing checks and left six months into their tour in Germany.

He felt like everything was crashing down on him and his career was ruined.  His supervisor informed him it was not going to be easy for him to get out because of his time left in the service and his spotless record.  About two months later he was told of a way he could get his request for discharge, but he was led to believe that it would not keep him from coming back into the military at a later time, so he took the out.  After his discharge he got a divorce, his ex-wife was convicted of prescription fraud and doctor shopping and served time.  He filed for bankruptcy, continued his training as an electrician, and obtained a journeyman’s electrical license.

He would like to reenter the military and finish what he set out to do when he first enlisted, and that was to retire.  He also wants the opportunity to help his country in this great time of need.  He has the experience and the training to be deployed on short notice.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 21 August 1981 for a period of four years as an airman basic.  He served as an Aircraft Armament Systems Specialist and an Electrical Systems Specialist.

On 31 January 1993, the applicant was hospitalized for attempting suicide by cutting his wrists with a razor blade and applying a tourniquet and cutting the vein to produce more bleeding.  He was hospitalized for four days.  During his hospitalization, he reported multiple suicide attempts from the age of 11 and more recent episodes in October 1992 and January 1993.

The applicant was hospitalized again on 10 February 1993 for a suicide attempt.  He tried to overdose on Sominex.  He was hospitalized for three days.

On 26 April 1993, the applicant was notified of his commander's intent to recommend him for discharge for unsatisfactory performance under the provisions of Air Force Regulation (AFR) 39-10, paragraph 5-11i(1) - Conditions that Interfere with Military Service (Mental Disorder).

The commander stated the reason for the proposed discharge was that on 12 February 1993 the applicant was diagnosed by a psychiatrist as suffering from a personality disorder - dependent type (DSM III R 301.6).  The commander further stated that the applicant’s disorder was evidenced by a deeply ingrained, maladaptive pattern of behavior of long duration which significantly impaired his ability to function in a military environment and had resulted in his making suicidal gestures on 31 January and 10 February 1993, which required him to be hospitalized on both occasions.  As a result of being hospitalized the applicant missed work and manning in the unit had to be altered on electrician duties for the safety of the applicant and his coworkers.

The commander advised the applicant of his right to consult legal counsel, present his case to an administrative discharge board and that legal counsel had been obtained to assist him; and to submit statements in his own behalf, or waive the above rights after consulting with counsel.

The commander indicated in his recommendation for discharge action that if his recommendation was approved, the applicant's separation would be characterized as honorable; however, he did recommend probation and rehabilitation.  The commander indicated that every effort to professionally rehabilitate him had been made, but his frequency of unprofessional actions indicated a need for long-term rehabilitation which was incompatible with military service.

On 3 May 1993, after consulting with counsel, applicant waived his right to a hearing board and to submit a statement.

On 5 May 1993, a legal review was conducted in which the staff judge advocate (SJA) recommended the applicant be discharged with an honorable discharge without probation and rehabilitation.

On 12 May 1993, the convening authority approved the discharge.

The applicant was discharged on 13 May 1993, in the grade of staff sergeant with an honorable discharge.  He served 11 years, 8 months and 12 days of active duty service.  He received an RE code of “2C” which means "Involuntarily separated with an honorable discharge; or entry-level separation without service characterization and a Separation Designator (SPD) code of “HFX” which means "Conditions That Interfere with Military Service-Not-Disability-Mental Disorders."

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AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, states the applicant was discharged for unsuitability due to personality disorder.  Personality disorders are lifelong patterns of maladjustment in the individual’s personality structure which are not medically disqualifying or unfitting which can render the servicemember unsuitable for continued military service and may be cause for administrative action.  The applicant was diagnosed with a personality disorder that rendered him unsuitable for continued military service.  Furthermore, the applicant reported a life long history of depressed mood (Dysthmia) prior to his entering active duty.  His personality disorder along with marital and financial difficulties impaired his ability to function in a military environment.  Although the applicant’s problems of ten years ago may have resolved, his personality disorder, dysthymia, and history of hospitalization are disqualifying for reenlistment into military service.  The AFBCMR Medical Consultant recommends the applicant’s request be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.

HQ AFPC/DPPRS states based upon the documentation in the applicant's records, they believe his discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Also, the discharge was within the sound discretion of the discharge authority.  DPPRS recommends the denying the applicant’s request.

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

HQ AFPC/DPPAE states the applicant received a reenlistment eligibility code of "2C," indicating the member was involuntarily separated with an honorable discharge, or entry-level separation without characterization of service, which is correct and an SPD code of “HFX - Conditions That Interfere with Military Service-Not Disability-Mental Disorders.”  Furthermore, waivers of RE codes for enlistment are considered and approved based on the needs of the respective military service and recruiting initiatives at the time of the enlistment inquiry (Exhibit E).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 21 November 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 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 error or injustice.  After careful consideration of the circumstances of this case and the evidence provided by the applicant, we are not persuaded that the discharge action and the resulting reenlistment eligibility and separation codes he received were in error or unjust.  Applicant’s contentions are duly noted; however, we agree with the opinions and recommendations of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in view of the above and 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 AFBCMR Docket Number BC-2003-01294 in Executive Session on 10 February 2004 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 20 Apr 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFBCMR Medical Consultant, dated
				11 Jul 03.
	Exhibit D	Letter, HQ AFPC/DPPRS, dated 20 Aug 03.
	Exhibit E.	Letter, HQ AFPC/DPPAE, dated 5 Nov 03.
	Exhibit F.	Letter, SAF/MRBR, dated 21 Nov 03.