RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01144
				INDEX CODE:  108.00
				COUNSEL:  NONE

				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her records be corrected to show she was entitled to either separation pay or disability severance pay.

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APPLICANT CONTENDS THAT:

Since her discharge was based on a mental disorder, she should be allowed to receive separation pay.  The Finance Service Office at Eglin AFB informed her that separation pay was not payable since she did not serve the minimum of six years of active service. 

In support of her request, the applicant provided a copy of her discharge orders and her DD Form 214, Certificate of Release or Discharge from Active Duty.  Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 16 Sep 03.  On 26 Jun 06, she was honorably discharged under the provisions of Air Force Instruction (AFI) 36-3208 with a narrative reason for separation of “personality disorder” and with separation program designator (SPD) code “JFX.”  She served 2 years, 9 months and 11 days on active duty.

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AIR STAFF EVALUATION:

The Defense Finance and Accounting Service, Denver Center (DFAS-JECC/DE) recommends the requested relief be denied.  DFAS-JECC/DE states the applicant was discharged under the SPD of “JFX,” one half separation pay authorized; however, the applicant does not meet the criteria to receive separation pay due to the fact that she did not serve the minimum six years of active duty service.  
The complete DFAS-JECC/DE evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

The applicant reviewed the Air Force evaluation and states she should have had a Medical Evaluation Board (MEB) prior to being discharged.  Her physical profile serial report, dated 30 Apr 06, states “If profile is renewed 3 months past 16 May 06, an MEB will be required, Per Col. D. O.”  She was hospitalized on 15 May 06, which put her back on a profile; therefore, requiring her to have an MEB.  Her chain of command preceded with the administrative discharge before anyone would realize she needed an MEB.  All her profiles afterwards were done for her separation in order to say “no” to MEB required.  

Her husband was in Turkey for 18 months and she was under a lot of stress.  She further states there is no excuse for her actions but her chain of command made it difficult for her to reach out for help.  Her complete response is at Exhibit D.

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ADDITIONAL AIR FORCE EVALUATION:

The AFBCMR Medical Consultant recommends the requested relief be denied.  The applicant is requesting separation pay due to being discharged for a personality disorder.  The Medical Consultant states in accordance with the Department of Defense Instruction, personality disorders are not considered eligible for disability determination or compensation.  The applicant had a medical condition that was considered unsuitable rather than unfitting for military service.  

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

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

On 14 Nov 07, a copy of the additional Air Force evaluation was forwarded to the applicant 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 an injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has failed to sustain her burden of proof that she has been the victim of either 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 AFBCMR Docket Number BC-2007-01144 in Executive Session on 18 Dec 07, under the provisions of AFI 36‑2603:

				XXXXXXXXXX, Panel Chair
				XXXXXXXXXX, Member
				XXXXXXXXXX, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-01144 was considered:

	Exhibit A.	DD Form 149, dated 6 Apr 07, w/atchs.
	Exhibit B.	Letter, DFAS-JECC/DE, dated 1 May 07.
	Exhibit C.	Letter, SAF/MRBR, dated 11 May 07.
	Exhibit D.	Letter, Applicant, dated 11 Jun 07.
	Exhibit E.	Letter, SAF/MRBC, dated 3 Oct 07.
	Exhibit F.	Letter, AFBCMR Medical Consultant, dated 9 Nov 07
	Exhibit G.	Letter, SAF/MRBC, dated 16 Nov 07.

					XXXXXXXXXX
					Panel Chair