RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01588
		INDEX CODE:  110.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The following items on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed:

1.  Block 25:  Separation Authority (AFR 39-10)

2.  Block 27:  Reentry Code (2C)

3.  Block 28:  Narrative Reason for Separation (Personality Disorder)

On 4 Jun 08, the applicant indicated he would like his narrative reason changed to read "early release" or "secretarial authority," with corresponding SPD codes, and his reenlistment code changed to a "1" series code.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He appeared to be on his way to becoming one of the best crew chiefs in the Air Force.  His dedication was surpassed only by his thirst for knowledge.  However, on the morning of 5 Jul 93, all plans for his future abruptly changed for the worse when he became a victim of sexual assault by a male non-commissioned officer (NCO).

He was not provided information on available programs to help him cope with the trauma of his sexual assault and his case was not disposed of as outlined in the manual for Court-Martial.  The disciplinary actions against him were an abuse of discretion and were clearly not uniform to those of a woman who reports a sexual assault.  The actions were inconsistent with the Department of Defense (DoD) commitment to ensure victims of sexual assault be protected, treated with dignity, respect, and provided proper medical and psychological care.

After his return from the hospital, his dormitory became his new duty section by order of his first sergeant.  He was ordered not to go to the orderly room without permission from his first sergeant or commander which hindered his ability to research all applicable regulations pertaining to his discharge, as advised in his Letter of Notification.  

He later requested a transfer which was denied by his commander.  His job performance gradually started to deteriorate and he was becoming uncharacteristically argumentative with his supervisors.  He received a Letter of Counseling for arguing with an NCO.  His commander requested a clinical social worker conduct a mental evaluation at his duty station.  Information pertaining to the sexual assault was not provided.  

His service record at that time along with his past several years are grossly incongruous.  He has since excelled as a military contractor for the past seven years.  He has received many certificates of training and has a clean driving record.  He is married and has two children.  

Thirteen years is plenty of time to prove that his actions on the night of the LOC were a rare one time aberration that he has successfully overcome.  However, his discharge narrative of "personality disorder" has stigmatized him and caused significant negative occupational and financial impact.  His actions were caused by inequities and other mitigating issues that occurred.  He humbly requests a change to his records.

In support his application, he submits a personal statement, an AF Form 1168, Statement of Complaint, character reference letters, an AF Form 910, Enlisted Performance Report, an AF Form 932, NCO Performance Feedback Worksheet, letters of appreciation, certificates of completion and participation, and excerpts from various instructions.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 27 Jun 91, the applicant enlisted in the Regular Air Force at the age of 18 for a period of four years.  After completion of basic military training and technical school, he was assigned duties as a Helicopter Maintenance Apprentice.  He was honorably discharged by reason of Personality Disorder on 28 Jan 94.  He had served 2 years 11 months and 2 days on active duty.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate office of the Air Force at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant opines that a change in the applicant's records is warranted to reflect Adjustment Disorder as the narrative reason for discharge.  

On 6 Jul 93, the applicant filed a formal statement that he was sexually molested by another military member on the night of 4 Jul 93 after going out drinking.  He was seen in a Mental Health Clinic from 2 Jul 93 through 1 Jun 94 after being referred by Social Actions for hostility towards his supervisors.  Specific records of these visits are maintained in the Mental Health Clinic and were not included in this package.

On 5 Nov 93, he received a Record of Individual Counseling for insubordination.  A psychological evaluation was requested.  He was hospitalized at a referral hospital from 5 -12 Nov 93, where he was evaluated by a psychiatrist.  Specific details of his inpatient stay were not available for review.  However, he was diagnosed with Adjustment Disorder with Disturbance of Conduct (Axis 1) and Personality Disorder with Narcissistic and Antisocial Traits (Axis II).  

Personality disorders are lifelong patterns of maladjustment in the individual's personality structure which are not medically disqualifying or unfitting but may render the individual unsuitable for further military service and may be cause for administrative action by the individual's unit commander.  They are frequently exacerbated by stress and may present symptoms consistent with Adjustment Disorder.  Adjustment and Personality Disorder are conditions that alone or together may render an individual unsuitable for military service and subject to an administrative discharge.

At the time of discharge, there were no options available to commanders to separate individuals for Adjustment Disorder; therefore, individuals with Adjustment Disorder were usually separated with Personality Disorder.  Adjustment Disorder was approved as a valid reason for separation on 2 Feb 07.  

The complete BCMR Medical Consultant's evaluation is at Exhibit C.

HQ AFPC/JA recommends the applicant's request be approved and his discharge be changed to one deemed appropriate based on the record and recommendation of the BCMR Medical Consultant.

JA states that neither the applicant's petition nor the records disclose an abuse of command discretion.  The various policies addressed regarding mental health evaluations and sexual assault were implemented or further developed since his discharge.  The decisions made by law enforcement and command were made in the midst of an investigation and without the benefit of hindsight.  

The specific facts of this case present a unique situation.  Even if the applicant was diagnosed with a condition that interfered with his military service, the existence of the condition itself was insufficient for discharge without an adverse effect on assignment or duty performance.  To discharge an Airman with an adjustment disorder or personality disorder, the adverse effect on assignment or duty performance must be explained.  For the applicant, the adverse effect manifested itself in his dealing with supervisors after the sexual assault because he was not believed about the sexual assault.  The timing of his discharge precluded resolution of the allegations against his attacker.  Hindsight does not illuminate a different course had the consideration for discharge occurred after the court-martial, but it frames the events for consideration as to whether these circumstances constitute an injustice that warrants the relief requested by the applicant.

The complete JA evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In paragraph four of his response dated 30 Apr 08, the applicant contends there are two obvious errors in the BCMR Medical Consultant's statement.  

	1)  The length of time stated that he was seen in the Mental Health Clinic (20 Jul 93 to 1 Jun 94) is incorrect, as he was discharged on 28 Jan 94.  

	2)  He was "continuously seen at the clinic for hostility to his supervisors."  If he was attending counseling sessions as stated, why would his supervisor recommend a psychological evaluation and his commander and first sergeant approve the recommendation?  

He concludes the actual reason for the session on 20 Jul 93 was to comply with the Air Force's Tract 2 alcohol program and his next and only visit to the Mental Health Clinic was a follow up session that was ordered after his release from the hospital.  He also provided additional character reference letters.

The applicant's complete response, with attachments, is at Exhibit F.

_________________________________________________________________

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 that would warrant a change in the reason for the applicant’s separation.  We agree with the opinion of the BCMR Medical Consultant and adopt his rationale as the basis for our conclusion that the applicant’s reason for separation should be changed from personality disorder to adjustment disorder.  We note that AFPC/JA had indicated its concurrence with the medical consultant’s recommendation.  In regards to applicant's request to change his RE code, no evidence has been provided that would lead us to conclude the RE code he was assigned was anything other than appropriate.  In the absence of persuasive evidence to the contrary, the RE code portion of his request is not favorably considered.  Therefore, we conclude that applicant's records should be corrected only to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was discharged on 28 January 1994 with a narrative reason for separation of "Adjustment Disorder" rather than "Personality Disorder," and a separation code of "JFY" rather than "JFX." 

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 19 Jun 08, under the provisions of AFI 36-2603:

The following documentary evidence was considered in AFBCMR BC-2007-01588:

    Exhibit A.  DD Form 149, dated 25 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Med Consultant, dated 4 Oct 07.
    Exhibit D.  Letter, HQ AFPC/JA, dated 14 Apr 08.
    Exhibit E.  Letter, SAF/MRBR, dated 18 Apr 08.
    Exhibit F.  Letter, Applicant, dated 30 Apr 08, w/atchs..