RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02688
		INDEX CODE:  100.06

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  3 Mar 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2C be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes the mental health evaluation he received that led to his separation was not correct and extremely harsh.  He never had any suicidal thoughts or any problems with social contact.  

He is currently in a law enforcement academy with intentions of becoming a police officer.  He is concerned that he may not be allowed to become a police officer with his current RE code.

In support of his appeal, the applicant has provided an expanded statement, extracts from his service medical records, and a letter to his congressman.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 16 Jan 92 for a period of four years in the grade of airman basic (E-1).  

On 29 Jan 92, the applicant’s commander notified him that he was recommending the applicant be discharged for a condition that interferes with military service - mental disorder.  The reason for the action was that the applicant was diagnosed by the Department of Mental Health as having a mental disorder as contained in the Diagnostic and Statistical Manual of Medical Disorders (DSM III).  A determination was made that the condition interfered with the applicant’s duty performance and conduct, and was severe enough that his ability to function in the military was significantly impaired.  The applicant was advised of his rights in the matter and that an entry level separation would be recommended.

On 30 Jan 92, the Office of the Staff Judge Advocate found the discharge case file to be legally sufficient and recommended the applicant be separated with an entry level separation.  The discharge authority approved the discharge action and directed the applicant be given an entry level separation.

On 3 Feb 92, the applicant was separated under the provisions of AFR 39-10 (Conditions That Interfere With Military Service-Not Disability-Mental Disorders) with an entry level separation.  He was credited with 18 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The Medical Consultant noted that on the third day of his basic military training (BMT), the applicant presented daily to sick call for left ankle pain due to an old injury in seventh grade, and bilateral foot pain (arches and heels).  His service medical records indicate that there was no new injury in service that aggravated the applicant's ankle condition other than the physical stress of marching and physical training. Medical providers also noted the applicant had expressed a desire to go home and was experiencing anxiety and stress and referred him for a mental health evaluation.  During his enlistment medical examination, the applicant had denied a history of depression or excessive worry, or nervous trouble of any sort.  The left ankle was examined by an orthopedic surgeon prior to enlistment and was felt to be without defect (including x-ray) that would preclude military service.  The mental health evaluation report, dated 23 Jan 92, following completion of psychological interview and formal psychological testing, resulted in a recommendation for administrative discharge due to a disqualifying mental condition that existed prior to service.  The applicant was administratively separated with an entry level separation for a mental condition that existed prior to service, that interfered with military training and was determined to be incompatible with continued military service.  The applicant's chronic ankle condition likely contributed to the stress the applicant was experiencing at the time; however, his psychological problems predating his entrance into military service was the predominant reason for his inability to train.

According to the Medical Consultant, the applicant’s narrative reason for discharge was accurately listed.  The separation code was also correct.  However, currently the Department of Defense (DoD) uses the term "personality disorder" administratively to include all unsuiting character and behavior disorders including adjustment disorders, personality disorders, impulse control disorders and mental disorders that are not the purview of the disability system (such as existing prior to service mental disorders) with the separation code of JFX.  This term is confusing because the Diagnostic and Statistical Manual of Mental Disorders uses the term "personality disorder" in a specific, defined manner to classify specific disorders of personality that do not include other conditions such as existing prior to service mental conditions. The applicant was not formally diagnosed with a personality disorder but was noted to show prominent avoidant traits (such as seen in avoidant personality disorder); however, the principle diagnosis of social phobia likely accounts for the "avoidant traits."  In view of the foregoing, and the relative contribution of the applicant's ankle condition, the Board may consider changing the narrative reason and separation code to failed medical/physical procurement standards, erroneous enlistment, or Secretarial Authority.  The Board may wish to consider the effects of changing the narrative reason with regard to having the unintended effect of concealing a potentially significant medical history that may be important in screening and selecting law enforcement officers.  However, the applicant is under obligation to accurately and fully report his medical and psychiatric history as required and action by the Board to grant relief does not relieve him of any such obligation.

The Medical Consultant indicated that although the action and disposition in this case were proper and equitable reflecting compliance with Air Force directives that implement the law, the Board may consider granting relief with the options noted.  However, he does not believe there should be a change to the applicant’s RE code.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and provided a response indicating that since his discharge, he has matured into a responsible individual.  He believes he deserves a change to his RE code, and would greatly appreciate the Board granting him this relief.

Applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The evidence of record indicates the applicant was given an entry level separation for conditions that interfere with military service-not disability-mental disorders, with a separation program designator code (SPD) of JFX.  It appears the narrative reason for his separation and corresponding SPD code were in accordance with DOD standards.  However, after a thorough review of the evidence presented, in particular the assessment by the Medical Consultant, we are sufficiently persuaded the applicant’s reason for separation and SPD code did not truly reflect the diagnosed condition which ultimately resulted in his separation from the Air Force, and that corrective action is warranted.  Accordingly, we recommend the applicant’s records be corrected to show his narrative reason for separation as “Directed By the Secretary of the Air Force,” with an SPD code of “JFF,” which was the code in effect at the time of his separation.  In our view, this is the proper and fitting relief in this case.

4.  The applicant’s request that his RE Code of 2C be changed was noted.  However, after reviewing the available evidence, we are not inclined to change the applicant’s RE code to one that would allow him the opportunity for further military service.  In this respect, we are not convinced by the evidence presented that the problems he had which led to his separation would not recur if he were again to enter the highly regimented military environment.  Therefore, the applicant’s request that his RE code be changed is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, in conjunction with his entry level separation on 3 Feb 92, he was issued a separation program designator code of "JFF" and a narrative reason of "Directed By Secretary of the Air Force."

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 26 Jul 05, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2004-02688 was considered:

     Exhibit A.  DD Form 149, dated 20 Aug 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, Medical Consultant, dated 16 Jun 05.
     Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 05.
     Exhibit E.  Letter, applicant, dated 7 Jul 05, w/atchs.

                                   

AFBCMR BC-2004-02688

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, in conjunction with his entry level separation on 3 Feb 92, he was issued a separation program designator code of "JFF" and a narrative reason of "Directed By Secretary of the Air Force."