RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02130

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He is seeking employment and realizes how important an honorable discharge is.  

In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty and AF Form 100, Request and Authorization for Separation.

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

STATEMENT OF FACTS:

On 28 Apr 92, the applicant enlisted in the Regular Air Force. 

On or about 25 Sep 92, the applicant was apprehended at the main gate for the offense of consumption of alcohol by a minor.  For this misconduct, he was given a Letter of Reprimand (LOR) and an Unfavorable Information File (UIF) was established.

On or about 31 Jan 93, the applicant discharged a fire extinguisher while “rough housing” in the dormitory.  For this misconduct, he was given a LOR which was placed in his UIF.

On 19 Feb 93, the applicant was diagnosed by a psychiatrist with an Adjustment Disorder Not Otherwise Specified and Antisocial Personality Traits, as described in the Diagnostic and Statistical Manual of Mental Disorders (DSM-III-R, Axis I and II), which was so severe that his ability to function in a military environment is significantly impaired.  

On or about 27 Feb 93, the applicant wrongfully used and possessed another service member’s military identification card.  In addition, he wrongfully consumed alcohol while under the state legal drinking age of 21.  For this misconduct, he was given Nonjudicial Punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), reduction to the grade of airman and restriction to the base for 14 days.

On 12 Mar 93, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFR-39-10, Administrative Separation of Airmen, for Misconduct involving Minor Disciplinary Infractions.  The commander recommended he receive a general (under honorable conditions) discharge.  Before recommending discharge the commander noted the applicant received numerous informal and formal counseling’s, to include verbal counseling, LORs and NJP.  The commander did not recommend probation and rehabilitation.   The applicant acknowledged receipt of the notification of discharge and waived his option to seek legal counsel and to submit a statement on his own behalf.

On 15 Mar 93, the Staff Judge Advocate (SJA) reviewed the case and found it legally sufficient to support discharge and recommended to the wing commander that the applicant be furnished a general (under honorable conditions) discharge without the offer of probation and rehabilitation.  The discharge authority approved the applicant’s discharge.  

On 19 Mar 93, the applicant was discharged with a narrative reason for separation of Misconduct – Pattern of Minor Disciplinary Infractions with service characterized as general (under honorable conditions) in the grade of airman.  He served 10 months and 22 days of total active service.

On 4 Jun 15, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C).  As of this date, this office has not received a response.  

AIR FORCE EVALUATION:

The AFBCMR Mental Health Consultant recommends denial.  The Consultant empathizes with the dilemma confronting the applicant, but finds the decisions of the Military Department did not represent an error or injustice.  

Adjustment Disorder has been, for decades, listed in Air Force and Department of Defense (DoD) policies as a medical condition not considered a compensable disability by the military Disability Evaluation System (DES). Although a recent revision of the DoD policy (10 Apr 13), now acknowledges that an individual with a Chronic Adjustment Disorder renders the individual eligible for processing via a Medical Evaluation Board (MEB), the Acute Adjustment Disorder (that is a diagnosis initially made based upon an identifiable stressor, usually lasting no more than six months) continues to be held as non-compensable and non-ratable by the Military Departments.        

When it has been determined that an Acute Adjustment Disorder is so severe as to significantly interfere with an individual’s ability to perform military service, the member is vulnerable for an involuntary discharge, under authority of AFI 36-3208, Administrative Separation of Airmen.  It is recognized by the American Psychiatric Association that an Acute Adjustment Disorder is a valid diagnosis for six months or less, after which time an alternative diagnostic cause of clinical symptoms should be made; or the condition is designated as Chronic Adjustment Disorder if the stressor is enduring beyond six months. 

Per DSM III that was in effect in 92 “Personality Disorders are characterized by deeply in-grained maladaptive patterns of behavior that are perceptibly different in quality from psychotic and neurotic symptoms. Generally, these are life-long patterns, often recognizable by the time of adolescence or earlier.”   The most important criteria for diagnosis is the course of the disturbance, it is enduring, life-long, and stable.   Another important aspect is the age of onset, early adulthood or adolescent.  Hence, the psychiatrist concluded that the applicant was not a candidate for rehabilitation and separation from the service was the most appropriate action.  Personality Disorder is considered a disqualifying condition and is not eligible for a medical compensation.   

It is worth noting, the applicant was not discharged due to his Adjustment Disorder or Personality traits, but rather for the pattern of misconduct.  His misconduct involved disregard of rules and regulations, which is most consisted with the documented personality traits.

A complete copy of the AFBCMR Mental Health Consultant evaluation is at Exhibit D. 

APPLICNT’S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 Aug 16, for review and comment within 30 days (Exhibit E).  As of this date, this office has not received a response.

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 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 AFBCMR Mental Health Consultant and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error of injustice.  In the interest of justice, we considered upgrading the discharge on the basis of clemency; however, after considering his overall record of service, the infractions which led to his administrative separation and the lack of post-service information we are not persuaded that an upgrade is warranted on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2015-02130 in Executive Session on 27 Sep 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02130 was considered:

	Exhibit A.  DD Form 149, dated 14 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, SAF/MRBR, dated 4 Jun 15, w/atch.
	Exhibit D.  Memorandum, AFBCMR Mental Health Consultant, 
                 dated 26 Jul 16.
	Exhibit E.  Memorandum, AFBCMR, dated 3 Aug 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.