RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00082
		INDEX CODE:  112.00

		COUNSEL:  NONE
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		HEARING DESIRED:  YES

MANDATORY COMPLETE DATE: 9 JULY 2006

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed to one that will allow him to reenlist into the U.S. Armed Services.

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APPLICANT CONTENDS THAT:

His diagnosis of depression was inaccurate and the prescribed medications for depression caused hallucinations and mood swings.

In support of his application, applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty and a copy of his medical records 

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

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STATEMENT OF FACTS:

On 16 December 1993, the applicant enlisted in the Regular Air Force in the grade of airman basic for a period of six years.

On 16 June and 22 October 2003, a mental health evaluation diagnosed the applicant with Axis I: Alcohol Dependency, Occupational Problem, Axis II: Personality Disorder, not otherwise specified (NOS), Axis IV: Occupational problems resulting from chronic illness of wife and daughter, and geographic separation from family. The medical evaluation asserted the applicant’s aggression and hostility was incompatible with military service. As a result, the mental health evaluation concluded the applicant’s mental disorders were so severe that his ability to function in a military environment is significantly impaired. The applicant was recommended for separation from the Air Force for mental disorders. 
On 3 February 2004, the applicant was notified of his commander's intent to initiate discharge action under the provision of AFI 36-3208, Administrative Separation of Airmen, Chapter 5, Section B, para 5.11.9, Mental Disorder.  

The commander advised the applicant of his right to consult legal counsel, to submit statements in his own behalf, or waive his rights after consulting with counsel.

On 19 February 2004, the applicant submitted a waiver of his rights to a board hearing on the condition he receive an honorable discharge.

The Staff Judge Advocate found the discharge action legally sufficient to support a decision to separate the applicant for mental disorders with an honorable discharge characterization, as soon as he is found medically fit for separation.

On 3 March 2004, the commander accepted the conditional waiver and directed the applicant be discharged with service characterized as honorable without probation and rehabilitation.

On 8 March 2004, the applicant was discharged under the provisions of AFI 36-3208 (Personality Disorder) with an RE code of “2C” and an honorable discharge in the grade of staff sergeant.  He served 10 years, 2 months and 23 days of total active military service.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the records is warranted.  The applicant was administratively discharged under provisions for unsuitability due to a diagnosis of Personality Disorder. The applicant experienced an episode of depression from late 1998 to 2001 successfully treated that did not interfere with continued performance of duty. He was treated for alcohol abuse in 2000 but while in Korea in the spring of 2003 he was a treatment program failure following resumption of heavy alcohol abuse. An episode of hallucinations was determined to be due to alcohol and not prescribed medication and did not recur following sobriety with continued treatment with the same medications. Evidence of the record clearly shows the applicant’s diagnosed personality disorder rendered him unsuitable for continued military service and that he had the benefit of extensive mental health treatment over a prolonged period of time prior to his discharge.  

BCMR Medical Consultant’s complete 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 20 June 2005, for review and response within 30 days.  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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his RE code for separation should be changed.  Applicant’s contentions were duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the evidence of record.  We agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in absence of evidence to the contrary, we find no basis to recommend granting the relief sought.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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-2005-00082 in Executive Session on 19 July 2005, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Aug 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 16 Jul 05.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 05.

                                   
                                   Panel Chair