RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02209

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, Separation Program Designator (SPD) code of “JFY” (Adjustment Disorder) be changed to one that will allow him to reenlist.

APPLICANT CONTENDS THAT:

His recruiter recommended that he get his SPD code changed so they can assist him.  He was 19 years old when he enlisted and was young and naïve when he let his girlfriend convince him that he should get out of the military because of issues going on at home.  So, he did what he could to get out.  He spoke to a counselor and told him that he was under a lot of stress because his grandmother recently passed away and he was worried about how his family was handling the situation.  In his last briefing before separating, he was told that he would have the option to reenlist whenever he was ready.  However, his current SPD code is preventing him from reenlisting.

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

STATEMENT OF FACTS:

The applicant initially entered active duty in the Regular Air Force on 14 October 2008.

On 18 March 2009, the applicant’s commander notified him that he was recommending him for discharge from the Air Force for a condition that interferes with military service, specifically for mental disorders.  The commander recommended the applicant receive an entry-level separation because the applicant was diagnosed by a Clinical Neuropsychologist as having a condition as described in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV):  

Axis I:  Adjustment Disorder with Mixed Anxiety and Depressed Mood
Axis II: 799.99 Deferred
Axis III: Deferred to Medical. It was determined that his condition was severe enough that his ability to function in the military was significantly impaired and did not meet retention standards for continued military service.   

The applicant acknowledged receipt of the notification of discharge and was advised of his right to consult with legal counsel and submit statements on his own behalf.  The base legal office reviewed the discharge and found it legally sufficient to support separation.  The discharge authority approved the separation and directed the applicant be given an entry-level separation/uncharacterized discharge.
 
On 27 March 2009, the applicant received an entry-level separation, a separation code of “JFY”, a narrative reason for separation of “adjustment disorder”, and was credited with 5 months and 14 days of active service.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibit C and D.    

AIR FORCE EVALUATION:

AFPC/DPSOR-SEP recommends denial.  The applicant has not filed a timely petition.  It has been 6 years since the applicant’s discharge and he did not provide a valid reason for not filing within 3 years of discharge.  Furthermore, based on the documentation on file in the master personnel records, the discharge to include the SPD code, the narrative reason for separation, and character of service was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority.  They found no evidence of an error or injustice in the processing of the applicant’s discharge.

By way of background, the applicant was seen at the Behavioral Analysis Service for a mental health evaluation upon voluntary self-referral.  He reported having problems with sleep and anger.  He said he felt frustrated and worried that he could not deal with the stress and would rather be discharged.  He admitted to having problems with sleeping since starting technical training.  He further admitted to feeling very anxious and depressed with problems with motivation, concentration, appetite, and passing thoughts of self-harm.  The applicant’s diagnosis did not meet retention standards for continued military service and that administrative separation was highly recommended.  As a result, discharge action was initiated.  Therefore, the SPD code and narrative reason for separation are correct as indicated on the applicant’s DD Form 214.   
 
A complete copy of the AFPC/DPSOR-SEP evaluation is at Exhibit C.

The BCMR Psychiatric Advisor recommends denial.  The Psychiatric Advisor was able to ascertain that the applicant had a problem adjusting to the military environment.  Clearly, when serving in the military, he developed a condition which was not conducive to his ability to function.  At this point, there is no reason to believe that under the same conditions, he would not experience the same level of duress.  This disabling condition was witnessed by a medical officer who noted the applicant’s state of mind as “was a condition which significantly interfered with the successful performance of military duty of training.”  The Psychiatric Advisor does not have any information about the applicant since he left the military.  She does not know if the applicant received outpatient care after the military or if he was hospitalized due to the stress or if his problems re-occurred.  The only information available that has been provided by the applicant, is that he has been working, but no time-line, and that he has been promoted.  Furthermore, at this point there is no way of predicting whether or not the stress of military service would or would not put him back into the condition that he already succumbed to.  The Psychiatric Advisor applauds the applicant’s desire to serve our country.    

A complete copy of the BCMR Psychiatric Advisor’s evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 27 July 2016 for review and comment within 30 days (Exhibit E).  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 timely filed.

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 opinions and recommendations of the Air Force OPR and the BCMR Psychiatric Advisor and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  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-2015-02209 in Executive Session on 16 August 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 May 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR-SEP, dated 9 Jun 15.
	Exhibit D.  Memorandum, BCMR Psychiatric Advisor,
                 25 Jul 16.
	Exhibit E.  Letter, SAF/MRBR, dated 27 Jul 16.