RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-00932 INDEX CODE:	110.00
COUNSEL:	NONE HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
His reentry (RE) code 2C (Involuntarily separated with an honorable discharge, or entry level separation without characterization of service) and separation code JFX (Personality Disorder) be changed to allow him to enlist in the Air National Guard (ANG).

APPLICANT CONTENDS THAT:
After entering technical school his family life became very stressful.

In support of his request, applicant provided documents extracted from his military personnel records and a character reference letter.

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

STATEMENT OF FACTS:
On 19 Nov 97, the applicant contracted his initial enlistment in the Regular Air Force. He was progressively promoted to the grade of senior airman having assumed the grade effective and with a date of rank of 19 Mar 00.

On 4 Dec 00, his commander notified him that he was recommending his discharge from the Air Force for conditions that interfered with military service - mental disorders. The specific reason for the discharge action was on 30 Nov 00, the applicant was diagnosed with a severe personality disorder.

The commander advised him of his rights in this matter.
On 5 Dec 00, he acknowledged receipt of the notification of discharge and after consulting with legal counsel waived his right to submit statements in his own behalf.

On 12 Dec 00, the discharge authority directed an honorable discharge without probation and rehabilitation.

He was discharged on 2 Jan 01. He served 3 years, 1 month and 14 days on active duty.

On 15 Jul 08, the applicant's case was administratively closed per his request. On 10 Jul 09, the applicant's case was reopened per his request.

Pursuant to the Board’s request, the Federal Bureau of investigation, indicated on the basis of the data furnished they were unable to locate an arrest record (Exhibit C).

AIR FORCE EVALUATIONS:
HQ AFPC/DPSOA recommends denial. DPSOA states 2C is the correct RE code for a member who was involuntarily separated with an honorable discharge; or entry level separation without characterization of service. The applicant requested written documentation, i.e., medical statement, be provided to his commander in order to seek an administrative discharge. There was no evidence found or submitted by the applicant indicating an error or injustice in the RE code he received.

The AFPC/DPSOA complete evaluation is at Exhibit D.
HQ AFPC/DPSOS recommends denial. DPSOS states the discharge was consistent with the procedural and substantive requirement of the discharge regulation and was within the discretion of the discharge authority. There was no documentation found  or submitted by the applicant identifying any errors or injustices that occurred in the discharge processing.

The AFPC/DPSOA complete evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Copies of the Air Force evaluations were forwarded to the applicant on 13 Jun 08, for review and comment within 30 days. As of this date, no response has been received by this office.

AFBCMR MEDICAL CONSULTANT EVALUATION:
The BCMR Medical Consultant recommends changing the RE code to a code that would render the applicant eligible to reapply for entry into military service. The Medical Consultant further recommends changing the reason for separation to "Secretarial

Authority" because Personality disorder could pose an obstacle for reentry, even with the change in RE code. The Medical Consultant believes the applicant's medical condition is more consistent with an adjustment disorder with depressed mood. The applicant has had two post-service mental assessments, one conducted after discharge and another in 2008, which  lack evidence of a depressive condition. The Chief, US Army Contracting Command, Southwest Asia-Kuwait, provided the strongest recommendation for the applicant's reinstatement to active duty citing the applicant's readiness, both mentally and physically, for the demands of an operational billet.

The AFBCMR Medical Consultant's complete evaluation is at Exhibit G.

APPLICANT REVIEW OF AFBCMR MEDICAL CONSULTANT'S EVALUATION:
A copy of the Medical Consultant's evaluation was forwarded to the applicant on 10 Jul 09, for review and comment within 30 days. As of this date, no response has been received by this office.

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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. While we took into consideration the Medical Consultant's recommendation to change the RE code and Separation Code to allow the applicant reentry, we do not agree with his recommendation. Although it appears the applicant's condition has improved due to the removal of the source of his maladaptive behavior (divorce), and based on the letter of support from the Chief, US Army Contracting Command, which attests to the applicant's mental and physical readiness, we believe insufficient evidence has been provided showing his reentry and separation code is erroneous or unjust. Therefore, we concur with the recommendations of AFPC/DPSOA and AFPC/DPSOS and adopt their rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof of the existence of an error or injustice. In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel
1.	
will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered.

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.
_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2008-00932 in Executive Session on 25 Aug 09, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-00932 was considered:

Exhibit A.	DD Forms 149, dated 4 Mar 08 & 1 May 09, w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Negative FBI Investigative Report, dated 30 Jul 09. Exhibit D.	Letter, AFPC/DPSOA, dated 31 Mar 08.
Exhibit E.	Letter, AFPC/DPSOS, dated 7 May 08. Exhibit F.	Letter, SAF/MRBR, dated 13 Jun 08.
Exhibit G.	Letter, AFBCMR Medical Consultant, dated 8 Jul 09.
Exhi bi t	H.	Let t er ,	SAF/ MRBR,	dat ed  10  Jul	09.