RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-01123

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The narrative reason and Reenlistment Code of 2C be corrected on his DD Form 214, Certificate of Release or Discharge from Active Duty.

APPLICANT CONTENDS THAT:

He believes this record to be false as he has no medical past of anxiety.  He also has been medically cleared by mental evaluation with no anxiety.

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

STATEMENT OF FACTS:

On 22 Sep 15, the applicant initially entered the Regular Air Force.

On 8 Oct 15, the applicant was furnished an Entry Level Separation with Uncharacterized service, with Narrative Reason Discharge Fraudulent Entry into Military Service, Separation Program Designator (SPD) JDA, and Reentry (RE) Code 2C.  He was not credited with any 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, D, and E.

AIR FORCE EVALUATION:

AFPC/DP2STM-SEP recommends denial, indicating there is no evidence of error or injustice.

The applicant was separated from the Air Force under the provisions of Air Force Instruction (AFI) 36-3208, Administrative Separation of Airmen, and paragraph 5.15, Fraudulent Entry, with an uncharacterized entry-level separation.

On 25 Sep 15, the applicant was seen at the Behavioral Analysis Service as a medical referral for anxiety.  He reported severe anxiety while at Basic Military Training (BMT) and since the age of 9 years old.  The applicant reported he experienced increased heart rate, unsteady breathing, dizziness, tingling in his arms and legs, shaking, lightheadedness, and headaches on two instances during training.  The applicant stated he experienced such anxiety episodes 3-4 times a week since he was 9 years old.  He also reported suicidal ideation since age 13 years old. It was determined that none of this history was disclosed by the applicant at the Military Entrance Processing Station.  Based on the information provided to the commander by competent medical authorities, discharge action for fraudulent entry was initiated.

On or about 6 Oct 15, the applicant’s commander notified him that she was recommending him for discharge from the Air Force for intentionally concealing that he had a prior-service mental condition not documented on his DD Form 2807-1, Report of Medical History.  The Air Force discovered the applicant had a history of anxiety.  Had this condition been made known, it could have rendered the applicant ineligible to enlist in the Air Force.

Airmen are given entry-level separation/uncharacterized service 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.

Based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority.

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

AFPC/DP3ST recommends denial, indicating there is no evidence of error or injustice.

The applicant states he does not have history of anxiety; however, on 25 Sep 15, he reported to the mental health evaluator that he had severe anxiety at BMT and had 3 or 4 episodes a week since he was 9 years old.  The applicant also reported suicide ideation since the age of 13 and that he left his previous job as a server at a restaurant several times per shift because he was anxious.

On 7 Oct 15, the 737th Training Group Commander approved the applicant’s discharge for Fraudulent Entry with an entry-level separation and uncharacterized service.  The applicant received an RE code of 2C (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service) as required by AFI 36-2606, Reenlistments in the United States Air Force, Chapter 5, based on his entry-level separation with uncharacterized service.

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

BCMR Psychiatric Advisor recommends denial, indicating there is no evidence of error or injustice.

The OPR provided a chronological summary of the applicant’s mental health visits and evaluation while at BMT wherein he is reported to have suffered from severe anxiety.  The applicant reported increased heart rate, unsteady breathe, dizziness, tingling in his arms and legs, shaking, lightheadedness, and headaches on two instances during training. These instances lasted for 1.5 and 3.5-4 hours and he experienced such anxiety episodes 3-4 times a week since he was 9 years old. Additionally, he reported significant interference in normal pursuits due to this anxiety.  Specifically, he left his previous job as a server at a restaurant several times during a shift because he was anxious and quit another job after having an anxiety episode and being told they may have to let him go.  The applicant denied any treatment or diagnosis for these concerns.  Further, he reported suicidal ideation since age 13 years old.  The applicant denied any past plan but reported intention in the past with the last time 4-5 months ago.  He also reported current suicide ideation while at BMT.  He denied any plan or intention for suicide now; however, did report having strong desire to die at times.  Diagnoses:  Adjustment Disorder with Anxiety.

In a mental health memorandum to the commander, it was stated, “The service member’s diagnoses do not meet retention standards for continued military service.  It is my professional opinion that the above service member’s mental health condition is so severe that the member’s ability to function effectively in the military environment is significantly impaired.”

Regarding his diagnosis, the applicant stated, “I have never been to the doctor or seen anyone about my anxiety so it’s never been documented before now.  When I was filling out the questions about my health status and about my anxiety I thought they were asking about documented issues and/or problems so I never put down my anxiety for that reason.”

In support of his current request, the applicant provided a Comprehensive Clinical Assessment performed by a Licensed Clinical Social Worker wherein the applicant denied any past or present history of any psychiatric symptoms and the evaluating provider concluded the applicant has no mental health diagnosis.

It is evident that during the enlistment process, the applicant was not forthcoming about his past history of anxiety and depression.  However, the lack of admission during the enlistment could be a result of unintended misunderstanding of the question or a product of the chronic distress that can be interpreted as a normal state of mind by a suffering individual.  Had the applicant disclosed his history during his enlistment, he could have potentially been disqualified for enlistment, or would have been allowed to enlist with a waiver; however, failure to do so in his case is more consistent with AFI 36-3208, Section 5C para 5.13.3 Erroneous Enlistment “An erroneous enlistment is one the Air Force should not have accepted but it does not involve fraud.”

Regarding the applicant’s desire to reenlist into the Coast Guard, this consultant will not argue the transition into the military is stressful; nevertheless, it should not result in the Emergency Room visit for a panic attack of the healthy individual.  The applicant was diagnosed with an Adjustment Disorder by a military psychologist characterized by “marked distress that is out of proportion to the severity or intensity of the stressor.”

We have evidence the applicant did not function well at the time of routine military stress and returning him to the military possesses uncertain risks of recurrence of mental health illness when he is confronted with stressors beyond his span of control; particularly under operational conditions confronted by all Military Departments, regardless of Service component or career field.

Therefore, the consultant recommends denial of the appeal to change his reentry code; however, the Board might consider the change of the reason for discharge from a “fraudulent enlistment” to an “erroneous enlistment”.

A complete copy of the BCMR Psychiatric Advisor evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force and the BCMR Psychiatric Advisor evaluations were forwarded to the applicant on 18 Jan 18 for review and comment within 30 days (Exhibit F).  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 office of primary responsibility (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 or 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-2016-01123 in Executive Session on 20 Mar 18 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01123 was considered:

	Exhibit A.  DD Form 149, dated 14 Mar 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM-SEP, dated 15 Jun 16.
	Exhibit D.  Memorandum, AFPC/DP3ST, dated 5 Oct 16.
	Exhibit E.  Memorandum, BCMR Psychiatric Advisor, dated
10 Jan 18.
	Exhibit F.  Letter, SAF/MRBC, dated 18 Jan 18, w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-01123, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.