RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02424
		INDEX CODE:  108.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her general discharge be changed to a medical discharge.

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APPLICANT CONTENDS THAT:

The evaluations by her noncommissioned officer in charge (NCOIC) were unjust.  No further investigation was done.

In support of her appeal, the applicant provided supportive statements, including statements from her mother and a psychiatrist, and extracts from her medical records.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 24 May 00.

On 20 Apr 01, the applicant’s commander notified the applicant that she was recommending her discharge from the Air Force for minor disciplinary infractions.  The reason for the proposed action was as follows:

	a.  On or about 22 Dec 00, she attempted to obtain more leave than what her supervisor and her agreed on by going around her chain of command.  For this offense she received a Letter of Reprimand (LOR).

	b.  On or about 5 Jan 01, she failed to participate in a mandatory Military Personnel Flight (MPF) Fitness Formation.  For this offense she received an LOR.

	c.  On or about 11 Jan 01, she was late for an MPF Fitness Formation.  For this offense she received an LOR.

	d.  On or about 14 Feb 01, she failed to go at the time prescribed to her appointed place of duty, bay orderly.  For this offense she received an LOR.

	e.  On or about 17 Feb 01, she was derelict in the performance of her Bay Orderly details.  On or about 19 Feb 01, she failed to go at the time prescribed to her appointed place of duty, dormitory manager’s office.  On or about 20 Feb 01, she failed to go at the time prescribed to her appointed place of duty, dormitory manager’s office.  For these offenses she received nonjudicial punishment under Article 15.

	f.  On or about 11 Mar 01, she unlawfully struck an airman on the face with her open hand.  For this offense she received an Article 15.

	g.  On or about 30 Mar 01, she was insubordinate towards a noncommissioned officer (NCO) by raising her voice at her.  For this offense, she received an LOR.

	h.  On or about 2 Apr 01, she was informed by her noncommissioned officer in charge (NCOIC) that she was prohibited from using telephones at work.  Later on that day, she was noticed using her cell phone on the smoking patio during duty hours.  For this offense she received an LOR.

The applicant was advised of her rights in the matter and that a general discharge would be recommended.

A Commander-Directed Mental Health Evaluation Letter, dated 8 Mar 01, indicated that the applicant was diagnosed with an adjustment disorder with mixed disturbance of emotions and conduct as manifested by a series of ineffective work performance/habits and conflictual relationships with work peers and her chain of command.  She was also diagnosed with a personality disorder not otherwise specified (mixed type) with paranoid and narcissistic features, mild.  The evaluator stated that the applicant did not have a psychiatric disorder that warranted disposition by a medical evaluation board.  Therefore, disciplinary and administrative measures could be applied as deemed appropriate.  He also stated that the applicant’s personality disorder did not significantly impair her ability to adapt to military service.

In a legal review of the discharge case file, dated 20 Apr 01, the Staff Judge Advocate found the file was legally sufficient and recommended that the applicant be discharged with a general discharge.  

On 25 Apr 01, the discharge authority approved the discharge action and directed that the applicant be furnished a general discharge.

On 4 May 01, the applicant was discharged under the provisions of AFI 36-3208 (Misconduct) and furnished a general discharge.  She had served 11 months and 10 days on active duty.

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AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, recommended denial.  The Medical Consultant noted that the applicant was considerably older than most first-term enlistees, being at an age (mid-to late-20s) where an underlying latent psychosis frequently becomes overt.  According to the Medical Consultant, this in no way implies that the short period of time spent in the military was the cause of her later-diagnosed psychosis.  However, the Department of Veterans Affairs (DVA) frequently will judge problems that develop within a year of service termination to be service-connected for disability consideration, and it is likely that this will happen in this case.  He did not have records from the DVA regarding such a determination, and the applicant was encouraged to see what, if any, benefits she might be entitled to from this source.  Clearly, the applicant did not exhibit signs or symptoms of a full-blown psychotic disorder while undergoing her mental health evaluation, and a disability separation was not warranted then, nor recommended now.  In the Medical Consultant’s opinion, no change in the records was warranted.

A complete copy of the Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPD recommended denial.  According to AFPC/DPPD, a thorough review of the AFBCMR case file revealed no errors or irregularities during the applicant’s involuntary administrative discharge that would justify a change to her military records.  The medical aspects of this case were fully explained by the Medical Consultant.  They concurred with the advisory.  In AFPC/DPPD’s view, the applicant has not submitted any material or documentation to show she was unfit due to a physical disability under the provisions of Chapter 61, Title 10, United States Code (USC), at the time of her involuntary administrative discharge.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 15 Nov 01 for review and response.  As of this date, no 
response has been received by this office (Exhibit E).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  The evidence of record indicates that the applicant was diagnosed with adjustment and personality disorders.  However, the evaluator at the time determined that the applicant did not have a psychiatric disorder that warranted disposition by a medical evaluation board, and that her personality disorder did not significantly impair her ability to adapt to military service.  She was eventually given a general discharge, on 4 May 01, for misconduct.  However, almost immediately after her discharge, the applicant was diagnosed by a civilian mental health clinic with schizophrenia, paranoid type, and she is currently under the care of a psychiatrist.  She now requests that her discharge be changed to a medical discharge.  While we find no evidence that the discharge was contrary to the prevailing regulation, we are extremely concerned about the close proximity of the applicant’s discharge and her diagnosis with schizophrenia.  Notwithstanding the determination by the military mental health evaluator that her condition did not warrant disability processing, we believe referring this case to the office of primary responsibility (OPR) for a review by a medical evaluation board and a physical evaluation, if necessary, is appropriate.  In our view, this would afford the applicant proper and fitting relief.  Accordingly, we recommend that action be taken as set forth below.

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THE BOARD RECOMMENDS THAT:

Invitational travel orders be issued by competent authority to APPLICANT for the purpose of undergoing a physical examination and review by the Medical Evaluation Board (MEB), the Physical Evaluation Board (PEB) and the Formal Physical Evaluation Board (FPEB), if necessary, to determine her medical condition as of 4 May 01; and, that the results of the evaluation be forwarded to the Air Force Board for Correction of Military Records at the earliest practicable date so that all necessary and appropriate actions may be completed.

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The following members of the Board considered this application in Executive Session on 9 Jan 02, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 16 Aug 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, Medical Consultant, dated 12 Oct 01.
     Exhibit D.  Letter, AFPC/DPPD, dated 7 Nov 01.
     Exhibit E.  Letter, SAF/MRBR, dated 15 Nov 01.

                                   

AFBCMR 01-02424

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	Invitational travel orders be issued by competent authority to , for the purpose of undergoing a physical examination and review by the Medical Evaluation Board (MEB), the Physical Evaluation Board (PEB) and the Formal Physical Evaluation Board (FPEB), if necessary, to determine her medical condition as of 4 May 01; and, that the results of the evaluation be forwarded to the Air Force Board for Correction of Military Records at the earliest practicable date so that all necessary and appropriate actions may be completed.