RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02806

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect a Separation Program Designator (SPD) and Reenlistment Code that would allow him to reenlist.

APPLICANT CONTENDS THAT:

His discharge was unjust.  He states that all mental health questions regarding prior counseling and prior hospitalizations asked on his DD Form 2807-1, Report of Medical History, were addressed during Basic Training.

In his first few days of Basic Training, he completed a questionnaire, and the last few questions on the form were mental health related.  He disclosed his full history.  A few days later, he was interviewed about his answers on the survey, and when questioned about the type of counseling he received, he reiterated that it all stemmed from his parents’ divorce and he told them about an in-patient hospitalization when he was 13.  His records could not be located, and no one asked him to provide them nor was he asked to sign a form giving authorization to request them.  At this point, it seemed as though an opinion about him and his situation had already been formed, and no records were requested because he did not make them aware that records existed.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 10 May 16, the applicant entered active duty.

On 26 May 16, the applicant was seen at the Behavioral Analysis Service (BAS) per Biographical Evaluation and Screening of Trainees (BEST) Phase III referral due to a history of counseling and psychiatric hospitalizations not disclosed at the Military Entry Processing Station (MEPS).

On 26 May 16, the BAS diagnosed the applicant with Adjustment Disorder with Mixed Anxiety and Depressed Mood.  At this time, the BAS offered the applicant the possibility of applying for a waiver, but he opted not to seek a waiver and to accept an entry-level separation (ELS) instead.

On 31 May 16, the applicant hand wrote a note stating that he did not feel as though counseling that occurred 6.5 years before would affect his ability to enlist and become an airman.

On 7 Jun 16, the applicant received a Notification Memorandum that stated he intentionally concealed a prior service mental condition that, if revealed, could have resulted in rejection of his enlistment.

On 10 Jun 16, the applicant was discharged in the grade of airman basic and received an entry level separation, uncharacterized character of service, and a 2C reentry code.  The narrative reason for separation on his DD Form 214 reflects Discharge, Fraudulent Entry into Military Service, with the corresponding separation code of JDA.

According to AFI 36-3208, Administrative Separation of Airmen, airmen are in entry-level status during the first 180 days of continuous active military service or the first 180 days of continuous active military service after a break of more than 92 days of active service.  The AFI also states that a fraudulent entry is one involving deliberate deception on the part of the member.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and E.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application, indicating no evidence of an error or injustice in the discharge process.  The commander received a report from the Behavioral Analysis Service that indicated the applicant was psychiatrically hospitalized after a family altercation in which his stepmother and father physically abused him.  This history of psychiatric hospitalization was disqualifying.  The report concluded that due to his disqualifying history of psychiatric hospitalization and the applicant’s lack of motivation, he should be separated from the military.  The commander and discharge authority concluded an entry-level separation was in order.  The uncharacterized service characterization is due to the fact the applicant had less than 180 days of continuous active service at the time of discharge.

The Psychiatric Consultant recommends denial, indicating the evidence is clear and the decision to discharge was appropriate.  The complete advisories are at Exhibit’s C and E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 29 Dec 17 for comment (Exhibit D) and on 11 Sep 18 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and the BCMR Psychiatric Advisor and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-02806 in Executive Session on 18 Oct 18:

, Vice Chair
, Panel Member
, Panel Member

All members of the panel voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 Jun 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 1 Nov 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 29 Dec 17.
Exhibit E:	Advisory opinion, AFBCMR Psychiatric Advisor, dated 26 Mar 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Sep 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.