RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01900
		INDEX CODE:  110.02, 100.03
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His uncharacterized discharge be changed to a medical discharge.

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APPLICANT CONTENDS THAT:

He was not properly discharged from the Air Force.  After being separated he was awarded social security disability for post traumatic stress disorder, panic disorder with agoraphobic, obsessive-compulsive behaviors, indicating detailed functional assessment reflecting the claimant has poor ability to make occupational, performance and personal social adjustments. This social security rating is a direct result of his time on active duty, the reporting of two suicides that occurred, and the harassment he received from his drill sergeant.

In support of his request, the applicant submits a copy of his Social Security Disability Rating, Evaluation of the Evidence, and a copy of DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States.

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 23 April 1997 for a term of 4 years.  He was referred for mental health evaluation on 2 May 1997 because of inability to follow simple instructions, lack of motivation for training, and frequent use of sick call.  The mental health evaluation diagnosed generalized anxiety disorder that existed prior to entering active duty.  He reported a significant history of anxiety and worry with the accompanying symptoms of muscle tension, fatigue and low energy, difficulty concentrating, shakiness, upset stomach, headaches and forgetfulness.  He stated he can remember having this problem since age 10 and it created problems for him in his social life.  He expressed not being able to control the worry, worrying about a wide variety of things, and having difficulties with sleep and appetite at times because of his nervousness.  During the 12th grade he spoke with the school counselor once a week because of his nervousness and worry.  

On 7 May 1997, the applicant was notified by his commander that she was recommending that he be discharged from the Air Force for involuntary convenience of the government.  He was advised of his rights in this matter, acknowledged receipt of the notification on the same day, waived his right to consult counsel, and elected not to submit statements on his own behalf.  The package was reviewed by the assistant staff judge advocate and found to be legally sufficient.  On 12 May 1997, he was administratively discharged with an entry-level separation under the provisions of AFI 36-3208, Administrative Separation of Airman, (Personality Disorder) and issued an RE code of 2C “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service”.  He served twenty (20) days on active duty. 

His social security psychology evaluation diagnosed him with having post-traumatic stress disorder and panic disorder with agoraphobia and some obsessive compulsive behaviors and stated the onset of his symptoms was during military service.  On 2 February 2002, he was granted social security disability.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed applicant’s request and opined that the narrative reason for discharge may be changed to “Failed medical/physical procurement standards” (SPD) code JFW with and accompanying RE code of 4C.  The discharge would still remain an entry-level separation with uncharacterized service.

The applicant’s DD Form 214 states the reason for discharge as “personality disorder”.  The DoD uses the term “personality disorder” administratively to include discharge for all unsuiting character and behavior disorders not falling under the purview of the disability system.  Since the applicant’s condition existed prior to service, he was not eligible for evaluation in the disability system.  

Since the applicant was not diagnosed with a personality disorder and was further not noted to demonstrate maladaptive traits or misconduct suggestive of a personality disorder, it is inaccurate to list the narrative reason as personality disorder.  

Although action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law, the Board may consider changing his narrative reason for discharge.  

The Medical Consultant’s evaluation is at Exhibit C.  

AFPC/DPPRSP concurs with the BCMR Medical Consultant and recommends the narrative reason for separation be changed to “JFW-Failed medical/physical procurement standards”.  

The DPPRSP evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he disagrees with the BCMR Medical Consultant’s advisory opinion.  His complete submission is at 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 in regard to his request that his uncharacterized discharge be changed to a medical discharge.  We see no evidence, which would lead us to believe that at the time of his separation, he suffered from a physical condition or disability that disqualified him from worldwide service.  Since there were no disqualifying medical conditions at the time of his separation, we see no reason why he would have been eligible for consideration in the disability evaluation system.  In the absence of persuasive evidence to the contrary, the Board finds no compelling basis to recommend granting the relief sought in this application.

4.  Notwithstanding the aforementioned, we note that the BCMR Medical Consultant has indicated that the narrative reason for his separation, Personality Disorder, is inappropriate under the circumstances surrounding the decision to separate him from the Air Force.  We agree with the BCMR Medical Consultant in this matter and believe that it would be an injustice for him to continue to suffer the adverse effects of such characterization.  Accordingly, we recommend that 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 on 12 May 1997, he was separated with an uncharacterized entry-level separation under the provisions of AFI 36-3208, (Failed Medical/Physical Procurement Standards) with a separation code of "JFW" and a reenlistment eligibility (RE) code of 4C.

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The following members of the Board considered Docket Number BC-2003-01900 in Executive Session on 3 February 2004, and on 2 March 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 6 Jun 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, BCMR Medical Consultant, dated 22 Sep 03.
	Exhibit D.	Letter, AFPC/DPPRSP, dated 30 Oct 03.
	Exhibit E.	Letter, SAF/MRBR, dated 19 Dec 03.
	Exhibit F.	Letter, Applicant, dated 16 Feb 04.

	

AFBCMR BC-2003-01900	

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 APPLICANT, be corrected to show that on 12 May 1997, he was separated with an uncharacterized entry-level separation under the provisions of AFI 36-3208, (Failed Medical/Physical Procurement Standards) with a separation code of "JFW" and a reenlistment eligibility (RE) code of 4C.