RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03868 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her narrative reason for separation be changed. _________________________________________________________________ APPLICANT CONTENDS THAT: Her medical condition should not be listed on her DD Form 214, Certificate or Release from Active Duty, as it violates her privacy and the Health Insurance Portability and Accountability Act (HIPAA). The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 5 Jul 00, the applicant enlisted in the Regular Air Force. 0n 10 May 04, the applicant was diagnosed with a depressive disorder. Subsequently, on 18 Aug 04, she was diagnosed with a Personality Disorder Not Otherwise Specified (Histrionic and Narcissistic Traits) by the Life Skills Support Center. Because her diagnosis was so severe, her ability to function effectively in the military environment was significantly impaired. On 30 Aug 04, the applicant was notified of her commander’s intent to recommend that she be discharged from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen for Conditions that Interfere with Military Service, specifically, Mental Disorders. The applicant acknowledged receipt of the notification of discharge, consulted with counsel and waived her right to submit a statement on her own behalf. On 24 Sep 04, the case file was determined to be legally sufficient to warrant discharge. On 28 Sep 04, the discharge authority approved her discharge and directed an honorable discharge, without the offer of probation and rehabilitation. On 7 Oct 04, the applicant was discharged from the Air Force in the grade of senior airman with an honorable discharge. She served four years, three months and two days of total active service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states that based on documentation on file in the applicant’s master personnel records her discharge to include the narrative reason was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The complete DPSOS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 Oct 12, for review and comment within 30 days (Exhibit D). 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 timely 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 error or injustice. After a thorough review of the evidence of record and the applicant’s submission, it is our opinion that given the circumstances surrounding her separation from the Air Force, the narrative reason for separation assigned was proper and in compliance with the appropriate directives. We note the applicant contends the Air Force violated the Health Information Portability and Accountability Act (HIPAA) by listing her medical condition on the DD Form 214. However, the applicant cites no specific provision of HIPAA or regulations that were violated. Additionally, we note that eight copies of the DD Form 214 are generated upon each servicemember’s separation from the Armed Forces. However, none of these copies are made available to the general public. The Department of Defense (DoD) recognizes, however, that servicemembers will likely want to use their DD Forms 214 in their search for civilian employment. For this reason, copy one is given to the servicemember with the intent that it be provided to future employers. Copy one does not contain a reason for separation. The remaining copies do state the reason for separation. The disclosure of DD Forms 214 is also protected by the Privacy Act and will be provided to authorized personnel for official purposes only. In view of the above and in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2012-03868 in Executive Session on 9 May 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Aug 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 11 Oct 12. Exhibit D. Letter, SAF/MRBR, dated 23 Oct 12.