RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05220

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect:

1.  Block 27, Reentry (RE) code: From 2C to a RE code allowing reentry into the military. 

2.  Block 28, Narrative Reason for Separation: From personality disorder to administrative failure.

APPLICANT CONTENDS THAT:

The reason for separation was “administrative failure,” he failed the ground radio block test.  He was never evaluated or diagnosed with any mental health or personality disorder, therefore the narrative reason for separation on his DD Form 214 should not be “personality disorder.”  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 11 Dec 01.

On 28 May 02, the medical squadron psychologist advised the training squadron commander that her evaluation of the applicant revealed he has a 309.0 adjustment disorder with depressed mood.  She opined the disorder noted is so severe that his ability to function in the Air Force environment is significantly impaired and interferes his duty performance.  The psychologist recommended separation. 

On 30 May 02, the applicant’s commander notified him that he was recommending his discharge based on the psychologist’s diagnosis.  On the same day, the applicant acknowledged the commander’s notification and waived his option to seek counsel and to submit statements in his own behalf.  

On 3 Jun 02, subsequent to a legal review it was recommended to the separation authority that the applicant be administratively separated for mental disorders with an Entry-Level Separation (ELS).  The authority for this recommendation was AFI 36-3208, Administrative Separation of Airmen.

On 10 Jun 02, the separation authority directed the discharge of the applicant and that he be furnished an ELS without probation and, or, rehabilitation.  

On 12 Jun 02, the applicant was furnished an ELS discharge, with uncharacterized service, and was credited with six months, and one day 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 Exhibits C and D.  

AIR FORCE EVALUATION:

AFPC/DP2STM-SEP recommends denial indicating there is no evidence of an error or an injustice.  The applicant has not filed a timely application and it is not in the interest of justice to waive the failure to timely file.  Notwithstanding the above, based on a review of his master personnel records, the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority.  The applicant’s commander received an evaluation report diagnosing the applicant with an adjustment disorder so severe that his ability to function in the military environment was severely impaired, recommending his discharge.  The commander took the appropriate actions for discharge in accordance with AFI 36-3208.

The applicant’s service characterization is correct as indicated on the DD Form 214.  Airmen are given entry level separation/uncharacterized service characterization when separation is initiated in the first 180 days continuous active service.  The Department of Defense (DoD) determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service.  However, since the applicant was diagnosed with an adjustment disorder, the SPD code should actually reflect “JFY” with the corresponding narrative reason for separation to reflect “adjustment disorder” on the applicant’s DD Form 214.  Once the board has made their determination on the applicant’s case, their office can initiate correction of the DD Form 214 to reflect this change accordingly.  

A complete copy of the AFPC/DP2STM-SEP evaluation is at Exhibit C.

AFPC/DP3ST recommends denial indicating there is no evidence of an error or an injustice regarding the applicant’s RE code.  The applicant’s request for correction is not within three years of discovery of the alleged error or injustice.  Although, AFPC/DP3STM (Separations) identified minor changes in the applicant’s separation code and narrative reason for separation based on the applicant’s diagnosis of an adjustment disorder, these corrections do not affect the applicant’s RE code 2C--(Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) which is required by AFI 36-2606, Reenlistment in the United States Air Force.  The applicant does not provide any proof of an error or injustice in reference to his RE code.  

A complete copy of the AFPC/DP3ST (Reenlistments) evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 26 Jul 16 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATION:

The AFBCMR Psychiatric Consultant recommends granting partial relief, indicating sufficient evidence has been presented to demonstrate the existence of an error or injustice.  The applicant’s records revealed the medical representative   diagnosed him with an adjustment disorder so severe that his ability to function in the military environment was severely impaired.  Additionally noted is the recommendation for discharge, indicating the applicant is not currently at risk for suicide or homicide, and that it is expected he will continue to have problems adapting to the military environment if forced to remain in the Air Force, which will negatively affect the Air Force’s mission.  The psychologist gave the applicant the following diagnosis according to the Diagnostic and Statistical Manual of Mental Disorders (DSM IV):  

	Axis I: 309.0 Adjustment Disorder with Depressed Mood.
	Axis II: V71.09 No Diagnosis.
	Axis III: multiple physical symptoms.

DoDI 6130.03, Medical Standards for Appointment, Enlistment or Induction in the Military Service, sets the conditions whereby a candidate can enter military service.  It refers anyone with a single adjustment disorder (309) within the previous three months is not acceptable for enlistment.  This same code excludes anyone with a history of any condition that, in the opinion of the medical officer, shall significantly interfere with the successful performance of military duty or training.  Based on the aforementioned evidence, the AFBCMR Psychiatric Consultant opines that the narrative reason can be changed from Personality Disorder to Adjustment Disorder but the RE code would stay the same, because the applicant is not eligible to re-enlist in the military.  His separation code would be changed to go along with the narrative to JFY, which means a service initiated discharge directed by established directive when an adjustment disorder exists, not amounting to a disability which significantly impairs the member’s ability to function effectively in the military environment.  

A complete copy of the AFBCMR Psychiatric Consultant evaluation is at Exhibit F.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION

A copy of the AFBCMR Psychiatric Consultant evaluation was forwarded to the applicant on 17 Feb 17 for review and comment within 30 days (Exhibit G).  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 injustice, warranting a change to the applicant’s reentry (RE) code.  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 offices of primary responsibility (OPRs) and the AFBCMR Psychiatric Consultant and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice regarding his RE Code.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting this portion of the requested relief.

4.  Notwithstanding, sufficient relevant evidence has been presented to warrant changing the applicant’s narrative reason for separation to adjustment disorder. Having carefully reviewed this application, we agree with the recommendation of AFPC/DP2STM-SEP and the AFBCMR Psychiatric Consultant and adopt their rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice.  Therefore, we recommend the applicant's records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his release from active duty on 12 June 2002, be corrected in Block 26 Separation Code to "JFY," and Block 28 Narrative Reason for Separation to "Adjustment Disorder."

The following members of the Board considered AFBCMR Docket Number BC-2015-05220 in Executive Sessions on 15 Nov 16 and 15 May 17, under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05220 was considered:

	Exhibit A.  DD Form 149, dated 12 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM-SEP, dated 14 Jun 16.
	Exhibit D.  Memorandum, AFPC/SP2ST, dated 15 Jun 16. 
	Exhibit E.  Letter, SAF/MRBR, dated 26 Jul 16.
	Exhibit F.  Memorandum, AFBCMR Psychiatric Consultant, dated
			  16 Feb 17.
	Exhibit G.  Letter, SAF/MRBR, dated 17 Feb 17.

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.