RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-01448

	COUNSEL:  NONE
	 
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Her Uncharacterized Entry Level discharge be upgraded to an Honorable discharge and the Narrative Reason for Discharge be changed to medical discharge versus conditions that interfere with military service – not disability - mental disorders.

APPLICANT’S CONTENTIONS

She was medically discharged for MS, which was misdiagnosed and she has held 100 percent disability for over 20 years.  Her Veteran’s record shows an Honorable discharge and the applicant would like her DD Form 214 to reflect that.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman basic.  

On 3 Mar 93, the applicant’s commander recommended the applicant be discharged from the Air Force, under the provisions of AFR 39-10, Administrative Separation of Airmen, Section B, Paragraph 5 – 11i for a condition that Interferes with Military Service – Mental Disorder.  The specific reasons for the action were as follows:

a.	Diagnosed by the Department of Mental Health as having a Mental Disorder:

DSM III-R Axis I: 309.82 Adjustment Disorder with physical complaints manifested by low back pain since entering BMTS, requiring four emergency room visits.

On 3 Mar 93, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 3 Mar 93.

On 9 Mar 93, the applicant received an Entry Level Separation discharge. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

According to AFI 36-3208, Administrative Separation of Airmen, incorporating changes through 8 June 2017, paragraph A3.5. Entry-Level Separation:  This type of separation is given only when the person is in his or her 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. This is a discharge that does not attempt to characterize the type of service as either good or bad. It is not the only type of separation authorized during the first 180 days of military service, as it is possible for a person to receive either an honorable or an under other than honorable conditions discharge as well.

AIR FORCE EVALUATION

AFPC/DP2STM recommends denying the application.  The applicant was discharged on 9 Mar 93, under the provisions of AFR 39-10, Administrative Separation of Airmen, (Conditions that interfere with Military Service), with an entry-level separation/uncharacterized service.  She served on active duty for 29 days.  Airmen are given entry-level separation with uncharacterized service when the discharge action is initiated within the first 180 days of active service.  The Department of Defense (DoD) determined that it was unfair to the service and to the member to characterize their limited service.  The commander received documentation from the medical authorities that the applicant had been diagnosed with a mental disorder since entering Basic Military Training.  As a result, discharge action was recommended and the base discharge authority approved separation.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 24 Jul 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/ DP2STM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Therefore, in the absence of evidence to the contrary, the Board recommends against correcting the applicant’s record.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-01448 in Executive Session on 31 Oct 19:

, Panel Chair, AFBCMR
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 20 Feb 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 24 Jul 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 24 Jul 19.

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