RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01340
		INDEX CODE:  110.02
	XXXXXXXXXXXXXXXXXXX	COUNSEL: None 

	XXXXXXXXXXXXXXXXXXX	HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  17 JAN 2006

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code and separation code be changed.

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APPLICANT CONTENDS THAT:

He was young and confused but has changed his life around and believes he can be a valuable asset to the Air Force.

In support of his request, applicant provided a personal Resume and a Letter of Recommendation.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 19 January 1990.  

On 16 May 1990, the applicant was notified by his commander that he was recommending he be discharged from the Air Force for a condition that interferes with military service; specifically for adjustment disorder.  The basis for the action was on 26 April 1990, the applicant was diagnosed with an adjustment disorder, which was determined severe enough that his ability to function in the military was significantly impaired.

He was advised of his rights in this matter and elected not to submit statements in his own behalf.  The discharge authority approved the discharge and directed an uncharacterized entry-level separation.  On 22 May 1990, he was discharged with an uncharacterized entry-level separation, under the provisions of AFR 39-10, Administrative Separation of Airmen, (personality disorder).  He received an RE code of 2C “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service”.  He served four months and four days total active service.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided a copy of an Investigation Report pertaining to the applicant, which is at Exhibit E.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The medical consultant states the applicant was diagnosed with adjustment disorder and clinically significant maladaptive personality traits disqualifying for military service.  

He was also diagnosed with dysthymia, a syndrome of chronic depressed mood that requires a minimum of two years duration before diagnosis.  Despite the passage of years, this psychiatric history indicates a lifelong risk for recurrent difficulties in an unpredictable fashion under circumstances of stress, including times when such problems can least be afforded by a military unit.  

His subsequent apparent success in a civilian career in information technology notwithstanding, the applicant’s history of adjustment and abnormal personality traits identified in 1990, are permanently disqualifying for military service.

Action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.

The Medical Consultant’s evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 15 April 05, for review and comment within 30 days.  As of this date, this office has received no response.

The applicant reviewed the FBI report and stated he did not handle any explosives, have any intention to scare anyone with explosives, or took part in any plot to do so.  Under Michigan law, because a friend decided to make an explosive out of a toilet paper roll and he happened to be with him when he used it, he was considered guilty.  He had no prior knowledge of what he had in mind at the time and did not condone his actions.  

He encloses documentation that will show all charges relating to this incident and his involvement with it were dismissed.

The applicant’s complete response to the FBI Report, with attachments, is Exhibit F.

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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 to warrant changing the applicant’s reenlistment eligibility (RE) code.  We took notice of the applicant’s complete submission in judging the merits of the case.  However, we agree with the BCMR Medical Consultant’s opinions and recommendation and adopt the consultant’s rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, 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 Docket Number BC-2003-01340 in Executive Session on 29 June 2005, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 4 Jul 04, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, BCMR Medical Consultant, dated 5 Apr 05.
	Exhibit D.	Letter, SAF/MRBR, dated 15 Apr 05.
	Exhibit E.	FBI Report, dated 26 May 05, w/atch.
	Exhibit F.	Letter, Applicant’s Response to FBI Report, dated 31 May 05, w/atchs.