RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04402 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Reentry (RE) code and narrative reason for separation be changed to allow him to reenter the Air Force Reserve. APPLICANT CONTENDS THAT: He wants a career in the Air Force Reserve. At the time of his service he was not on the right medication for his mental health. He is being treated by the Department of Veterans Affairs (DVA) for his mental health and is doing very well. Since leaving military service he has earned an associate’s degree and is working on his bachelor’s degree. He tried to reenlist but the recruiter’s told him he would have to be off of his medication for one year to reenter military service. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: Source documents pertaining to the applicant's discharge are not included in the applicant's application package and are not available for review in military personnel database system (MilPDS). The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, dated 23 Nov 99, reflects he was furnished an entry-level separation with uncharacterized service, a narrative reason for separation of “Failed medical/physical procurement standards" with its corresponding separation program designator (SPD) code of JFW) and reentry (RE) code of 4C (Separated for concealment of juvenile records, minority, failure to meet physical standards for enlistment, failure to attain a 9.0 reading grade level as measured by the Air Force Reading Abilities Test (AFRAT), or void enlistments). He was credited with 27 days of active service. On 31 Aug 04, the applicant commenced a period of enlistment with the Air Force Reserve. He served on active duty from 14 Feb 05 through 1 Jun 05, when he was released from active duty with a narrative reason for separation of “completion of initial active duty training.” He was furnished an honorable characterization of service and was credited with 3 months and 15 days of active service. On 6 Jan 07, the applicant underwent a medical evaluation and it was found he had a medical condition that disqualified him for continued military service, but was found fit for military duty. On 12 Feb 08, AFRC/SGP determined the applicant was medically disqualified for continued military duty. On 16 Jun 08, the Informal Physical Evaluation Board (IPEB) found the applicant unfit to perform the duties of his office, grade, rank or rating. On 13 Feb 09, The Secretary of the Air Force (SAF) concurred with the determination of the Physical Evaluation Board and found the applicant unfit for continued military service. The applicant appealed to the Air Force Discharge Review Board (AFDRB) to have his narrative reason for separation and RE code changed. On 1 Dec 12, the AFDRB considered and denied the applicant’s request. 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/DPSOR recommends denial indicating there is no evidence of an error or an injustice. It has been 15 years since the applicant’s discharge; and based on the lapse in time in filing his appeal pertinent documentation is missing from his record, therefore, causing prejudice to the Air Force. Absent the documentation, DPSOR must utilize the presumption of regularity in the applicant’s discharge processing. In utilizing the presumption of regularity, the applicant’s commander notified him he was recommending him for discharge, informed him of the specific reason for the discharge action. The commander received the notification from medical authorities that determined the applicant had a preexisting medical condition that prohibited him from enlisting had the Air Force been aware of the condition. The applicant would have acknowledged receipt of the notification, an opportunity consult legal counsel, to submit statements in his own behalf. The discharge authority would have approved the separation and directed discharge with an entry-level (uncharacterized) separation. Airmen are given an entry-level separation with uncharacterized service when separation is initiated with the first 180 days of continuous active service. It was determined by the Department of Defense (DOD) that if a member served less than 180 days of continuous active service, it would be unfair to the member and the service to characterize their limited service. Therefore, based on the presumption of regularity, the discharge was consistent with the procedural and substantive requirements of the instruction and was within the discretion of the discharge authority. The applicant has not provided any evidence identifying any error or an injustice in the processing of his discharge. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. The AFBCMR Medical Consultant recommends denial indicating there is no evidence of an error or injustice. Recognizing the increased risk of recurrence due to the rigors of a military environment, the Medical Consultant concurs with the decision of the DRB to deny the applicant’s appeal to change the reason for the discharge and RE code. The applicant’s service record indicates he entered active duty on 14 Feb 05 and was honorably separated on 1 Jun 05 with a narrative reason for separation of Completion of Initial Active Duty training. The applicant had prior active duty service in 1999. The Consultant notes there was no medical, mental health or additional administrative records available for review of the applicant's appeal. The Medical Consultant references the DRB Rationale report which indicates the applicant was found medically disqualified for continued military service on 5 Mar 07 due to a history of psychosis which required inpatient hospitalization. This information was reported by the applicant's civilian employer. On 12 Feb 08, the applicant was found medically disqualified with a diagnosis of Bipolar Disorder by a Physical Evaluation Board (PEB). After further review by the Secretary of the Air Force Personnel Council (SAFPC) Fitness Determination Board, the disqualification was upheld based upon a diagnosis of paranoid schizophrenia. The SAFPC Fitness Determination Board found the applicant's symptoms severe enough to require hospitalization twice and, at the time of the review, the applicant was living in a group home. The DRB found no evidence to justify changing the reason for discharge or RE code. The Department of Defense Instruction (DoDI) 6130.03, Medical Standards for Appointment, Enlistment, or Induction in the Military Services, lists disqualifying mental health diseases which include, but is not limited to, a history of bipolar disorders, unspecified psychoses and schizophrenic disorders. Furthermore, inpatient hospitalization or residential treatment facility care for any of these mental health diagnoses is also disqualifying. A complete copy of the AFBCMR Medical Consultant’s evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He wants to be reinstated in the Air Force Reserve to serve 20 years and retire. He is physically able to reenter military service. He has complied with the treatment from DVA and has been living independently since 2009. The applicant’s complete response is at Exhibit F. 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. We took notice of the applicant’s complete submission, to include his rebuttal response, in judging the merits of the case. We note the records pertaining to the applicant’s discharge were not available for our review; however records from his service treatment records and the Air Force Discharge Review Board were available for use in adjudicating this case. Therefore, based on the presumption of regularity in the conduct of governmental affairs and absent evidence to the contrary, we must assume the applicant’s discharge, to include his service characterization, reentry (RE) code and narrative reason for separation, were proper and in compliance with the directive under which it was effected. Furthermore, we agree with the opinions and recommendations of the Air Force office of primary responsibility (OPR) and the AFBCMR Medical Consultant and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. The applicant has not provided evidence identifying an error or an injustice in the processing of his discharge. We further note, the applicant indicated he was told he could reenter military service after being off of his medication for one year. We found no evidence to substantiate this claim; however, we believe it imperative to note that discontinuance of any prescribed medication should be at the direction of the individual’s medical provider. Therefore, in the absence of persuasive evidence to the contrary, we find no basis to recommend granting the requested relief. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2014-04402 in Executive Session on 14 Jul 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04402 was considered: Exhibit A. DD Form 149, dated 13 Oct 14. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 20 Nov 14. Exhibit D. Memorandum, AFBCMR Medical Consultant, dated 10 Apr 15. Exhibit E. Letter, SAF/MRBR, dated 23 Apr 15. Exhibit F. Letter, Applicant, undated.