RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-03951
								INDEX CODE:  100.03, 100.06
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Reentry (RE) Code be changed from “2C” to “4C.”

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APPLICANT CONTENDS THAT:

His Training Instructor threatened his life and he was looking for a way out without thinking of the consequences.  He made it known he wanted out, and was advised by a counselor he would be discharged if he stated he suffered from depression and anxiety.  He does not have a personality disorder, and would be willing to see a counselor to prove it.

In support of his appeal, he has provided copies of his DD Form 214, his separation order, and a copy of his administrative discharge case.

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

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STATEMENT OF FACTS:

The applicant entered the Regular Air Force for a period of four years on 25 September 2007.  

On 17 October 2007, while attending Basic Military Training, he was notified of his commander's intent to recommend him for an entry level separation for a condition that interfered with military service, specifically mental disorders.  The commander stated the reason for the proposed discharge was the applicant’s diagnosis by the Department of Mental Health at Wilford Hall Medical Center of having a mental disorder as contained in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV).  They determined the condition interfered with duty performance and conduct, and was severe enough that his ability to function in the military was significantly impaired.  The commander advised the applicant of his rights, and he subsequently waived his right to consult counsel and to submit statements in his own behalf.  

A legal review was conducted on 18 October 2007, in which the staff judge advocate recommended the applicant be separated with an entry level separation.  

The applicant was discharged on 22 October 2007, in the grade of airman basic (E-1), with an uncharacterized entry level separation, and given a Narrative Reason for Separation of “Personality Disorder”, an RE Code of “2C” (Involuntarily separated…entry level separation without characterization of service), and a Separation Code (SPD) of “JFX” (Personality Disorder (No Board Entitlement)).  He completed a total 28 days of net active service.

Airmen are given entry level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  The Department of Defense (DoD) determined if a member served less than 180 days of continuous active service, it would be unfair to the member and the service to characterize their limited service.  

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AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial of the applicant’s request to change his RE Code to “4C” as there is no error or injustice noted.  RE Codes in the “4C” series are used for those members separated for concealment of juvenile records, minority, failure to meet physical standards for enlistment, or failure to attain 9.0 reading grade levels.  The applicant was involuntarily discharged based on mental disorders observed by the appropriate military medical professionals.  Additionally, if the applicant now claims the reasons for the discharge were fabricated, more appropriate actions must be taken.

Corrective action has been taken to administratively correct the applicant’s SPD to read “JFY” (Adjustment Disorder (No Board Entitlement)), and his narrative reason for separation to read “Adjustment Disorder (No Board Entitlement).”  

The AFPC/DPSOS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 28 March 2008, for review and comment, within 30 days.  However, 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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  We note that AFPC has taken corrective action to administratively change the applicant’s SPD Code and narrative reason for separation.  However, his uncharacterized character of service and RE Code are correct and in accordance with DoD and Air Force Instructions.  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 Docket Number BC-2007-03951 in Executive Session on 21 May 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Nov 07, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter,AFPC/DPSOA , dated 21 Dec 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Mar 08.