RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00855
		INDEX CODE:  108.00

		COUNSEL:  
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her records be corrected to reflect she was honorably discharged for medical reasons (schizoaffective disorder).

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APPLICANT CONTENDS THAT:

The disciplinary infractions for which she was discharged were not based on her willful actions but were the result of her mental state at the time the infractions occurred. 

In support of her appeal, the applicant provided a counsel’s statement, medical documentation, and other documents associated with the matter under review.

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 26 Mar 02 for a period of six years in the grade of airman basic.

On 29 Oct 02, the applicant’s commander notified her that he was recommending she be discharged for minor disciplinary infractions.  The reasons were based on the following:

	a. On 15 Jul 02, she received an AETC Form 173, Student Record of Academic/Nonacademic Counseling and Comments for failure to go to her appointed place of duty at the prescribed time.

	b. On 6 Sep 02, she was derelict in the performance of her duties by willfully failing to wear the proper rank assigned to her.

	c. On 6 Sep 02, she behaved with disrespect toward her superior commissioned officer by her lack of military bearing and attitude during an interview.

	d. On 16 Sep 02, she received a Letter of Reprimand (LOR) for failure to go to her appointed place of duty at the prescribed time on 9 Sep 02 to 12 Sep 02.

	e. On 25 Sep 02, she received an LOR for failure to go to her appointed place of duty at the prescribed time.

	f. On 26 Sep 02, she received an LOR for showing total disregard of all military bearing and disrespect for a noncommissioned officer.

	g.  On 26 Sep 02, she received an Article 15 for dereliction of duty, disrespectful behavior toward her superior commissioned officer, and failure to go to her appointed place of duty at the prescribed time.

The applicant was advised of her rights in the matter and that a general discharge would be recommended.

On 4 Nov 02, the office of the Staff Judge Advocate found the discharge case file was legally sufficient and recommended the applicant be furnished a general discharge.

On 6 Nov 02, the discharge authority approved the discharge action and directed the applicant be furnished a general discharge.

On 8 Nov 02, the applicant was discharged under the provisions of AFI 36-3208 (Misconduct) and furnished a general discharge.  She was credited with 7 months and 13 days of active service.

The relevant facts pertaining to the applicant’s medical condition are discussed in the advisory opinion provided by the AFBCMR Medical Consultant at Exhibit C.

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AIR FORCE EVALUATION:

The Medical Consultant indicated that although the action and disposition in this case were proper and equitable reflecting compliance with Air Force directives which implement the law, there was sufficient evidence to support a conclusion the applicant manifested symptoms related to her mental illness that resulted in her general discharge for misconduct.  This conclusion represents sufficient mitigation to warrant upgrade of the applicant’s discharge to honorable and change of her narrative reason for discharge to Secretarial Authority.  However, it is not clear that disability discharge with compensation was warranted at the time of her separation.  Because the complementary nature of the military and Department of Veterans Affairs disability compensation systems accommodate situations such as this, it is unnecessary to retroactively grant military disability discharges unless a clear error or impropriety results in the injustice of denial of disability retirement (as distinguished from disability discharge with severance pay).  According to the Medical Consultant, there was no evidence supporting a conclusion the applicant’s condition warranted disability retirement at the time of her separation.

A complete copy of the Medical Consultant’s evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel reviewed the advisory opinion and furnished a response and additional documentary evidence which are attached at Exhibit E.

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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.  Having carefully reviewed this application, we agree with the recommendation of the Medical Consultant and adopt his rationale as the basis for our decision that the applicant has been the victim of an error or an injustice with regard to her characterized service and narrative reason for her separation.  We note the applicant’s request that her records be corrected to show she was medically discharged.  However, no evidence has been presented which shows to our satisfaction that a disability discharge with compensation was warranted at the time of her separation.  Accordingly, we recommend the applicant’s records be corrected as 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 8 Nov 02, she was honorably discharged under the provisions of AFI 36-3208 (Secretarial Authority), with a separation code of “KFF,” and furnished an Honorable Discharge certificate.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00855 in Executive Session on 4 Nov 04, under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 16 Feb 04,w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, Medical Consultant, dated 4 Oct 04.
     Exhibit D.  Letter, SAF/MRBR, dated 7 Oct 04.
     Exhibit E.  Letter, counsel, dated 11 Oct 04, w/atchs

                                   

AFBCMR BC-2004-00855

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 , be corrected to show that on 8 Nov 02, she was honorably discharged under the provisions of AFI 36-3208 (Secretarial Authority), with a separation code of “KFF,” and furnished an Honorable Discharge certificate.