RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03559

XXXXXXXXXXXX	COUNSEL: NONE
	                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
(AKA) XXXXXXXXXXXX	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected as follows:

	Block 1, Name be changed to her reflect her current legal name.

Block 23, Type of Separation be changed from Entry Level Separation (ELS) to Honorable, General (under honorable conditions), or Medical.

Block 24, Character of Service be changed from “Uncharacterized” to Honorable or General (under honorable conditions).

Block 26, Separation Code be changed from “JFX” to “JFF” (Secretarial Authority).

Block 28, Narrative Reason for Separation be changed from “Personality Disorder” to “Disability, Bipolar Disorder and Post-Traumatic Stress Disorder (PTSD).” 

APPLICANT’S CONTENTIONS

She was illegally discharged on the basis of a “personality disorder.”  When she received a diagnosis of PTSD and Bipolar II Disorder and went back through her medical records and discovered many errors with her military time.  She should have been discharged with a mental health condition, adjustment disorder with mixed anxiety and depressed mood.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman basic (E-1). 

The applicant served in the Air Force from 22 May 2007 to 13 June 2007, under the name XXX.

On 31 May 2007, the applicant was diagnosed by a Psychological Services Provider, with an Adjustment Disorder with mixed anxiety and depressed mood.  The medical provider noted the applicant’s diagnoses does not meet retention standards for continued military service and is so severe that her ability to function in the military environment is significantly impaired.  

On 8 June 2007, the applicant’s commander recommended the applicant be discharged from the Air Force, under the provisions of AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.11 for conditions that interfere with military service, specifically mental disorders.  On this same date, the Assistant Staff Judge Advocate found the discharge action legally sufficient.

On 10 June 2007, the discharge authority approved the recommendation of an ELS for a mental disorder.

Issued 13 June 2007, the applicant’s DD Form 214, reflects she was discharged after serving 22 days of active duty.  She received an “Uncharacterized” Entry Level Separation (ELS), with a separation code of “JFX,” with a narrative reason for separation of “Personality Disorder.” 

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

APPLICABLE AUTHORITY/GUIDANCE

Air Force policy does not authorize the correction of records of former airmen to show name changes occurring after discharge (AFI 36-2608, Military Personnel Records System, Table A7.3 [Name Changes]).  In particular, if the name appearing on the DD Form 214 was correct at the time it was created, the AFI would not allow a correction, even to reflect a subsequent, legal name change.  The past practice of the Board has been to follow the AFI in all cases except those where the applicant seeks to revert to either a maiden name or the name under which he or she entered service, or the Board finds a particular injustice that warrants an exception to policy, such as noted below in the SAF/MR memorandum.

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 March 2015, states that while the Board generally has the authority to correct an applicant’s records to reflect a legal change to the applicant’s name, it should exercise discretion in doing so.  The DD Form 214 is primarily created for the benefit of the veteran to establish entitlements to various government programs, or in seeking employment with organizations that grant veteran’s preferences.  A DD Form 214 may constitute an injustice when the veteran asserts that presenting a DD Form 214 that lists the old name effectively requires a needlessly intrusive explanation of personal history.  This type of injustice may arise in situations such as when the name change is transgender-related or associated with a divorce.

A complete copy of the SAF/MR memorandum is at Exhibit F.

On 3 September 2014, the Secretary of Defense issued a memorandum providing guidance to the Military Department Boards for Correction of Military/Naval Records as they carefully consider each petition regarding discharge upgrade requests by veterans claiming PTSD.  In addition, time limits to reconsider decisions will be liberally waived for applications covered by this guidance.

On 25 August 2017, the Under Secretary of Defense for Personnel and Readiness (USD P&R) issued clarifying guidance to Discharge Review Boards and Boards for Correction of Military/Naval Records considering requests by veterans for modification of their discharges due in whole or in part to mental health conditions [PTSD, Traumatic Brain Injury (TBI), sexual assault, or sexual harassment].  Liberal consideration will be given to veterans petitioning for discharge relief when the application for relief is based in whole or in part on the aforementioned conditions.

Under Consideration of Mitigating Factors, it is noted that PTSD is not a likely cause of premeditated misconduct.  Correction Boards will exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct.  Liberal consideration does not mandate an upgrade.  Relief may be appropriate, however, for minor misconduct commonly associated with the aforementioned mental health conditions and some significant misconduct sufficiently justified or outweighed by the facts and circumstances.

Boards are directed to consider the following main questions when assessing requests due to mental health conditions including PTSD, TBI, sexual assault, or sexual harassment:

a. Did the veteran have a condition or experience that may excuse or mitigate the discharge?
b. Did that condition exist/experience occur during military service?
c. Does that condition or experience actually excuse or mitigate the discharge? 
d. Does that condition or experience outweigh the discharge?

On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued supplemental guidance (Wilkie Memo) to military corrections boards in determining whether relief is warranted based on equity, injustice, or clemency.  These standards authorize the board to grant relief in order to ensure fundamental fairness.  Clemency refers to relief specifically granted from a criminal sentence and is a part of the broad authority Boards have to ensure fundamental fairness.  This guidance applies to more than clemency from sentencing in a court-martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds.  This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority.  Each case will be assessed on its own merits.  The relative weight of each principle and whether the principle supports relief in a particular case are within the sound discretion of each Board.  In determining whether to grant relief on the basis of equity, an injustice, or clemency grounds, the Board should refer to the supplemental guidance, paragraphs 6 and 7. 

On 6 January 2021, the Board staff provided the applicant a copy of the liberal consideration guidance (Exhibit D).

According to AFI 36-3208, Administrative Separation of Airmen, incorporating changes through 8 June 2017, the types of service characterization are as follows: 
Honorable.  The quality of the airman’s service generally has met Air Force standards of acceptable conduct and performance of duty or when a member's service is otherwise so meritorious that any other characterization would be inappropriate. 

Under Honorable Conditions (General).  If an airman’s service has been honest and faithful, this characterization is warranted when significant negative aspects of the airman's conduct or performance of duty outweigh positive aspects of the airman's military record.

Under Other than Honorable Conditions.  When basing the reason for separation on a pattern of behavior or one or more acts or omissions that constitute a significant departure from the conduct expected of airmen.  The member must have an opportunity for a hearing by an administrative discharge board or request discharge in lieu of trial by court-martial.  

Entry Level Separation.  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.  Determine the member's status by the date of notification; thus, if the member is in entry-level status when initiating the separation action, describe it as an entry-level separation unless: 

•	A service characterization of under other than honorable conditions is authorized under the reason for discharge and is warranted by the circumstances of the case; or 

•	The Secretary of the Air Force determines, on a case-by-case basis, that characterization as honorable is clearly warranted by unusual circumstances of personal conduct and performance of military duty.  

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the applicant’s request to change her narrative reason for separation, corresponding Separation Program Designator (SPD) code, and character of service.  There is no error or injustice with the discharge processing.  On 13 Jun 07, the applicant was discharged under the provisions of AFI 36-3208, Enlisted Separations, with an entry-level separation of uncharacterized service.  She served on active duty for 22 days.  The base discharge authority received documentation from competent medical authorities to direct separation based on the narrative reason.  Airmen are in entry-level status when they separate prior to completing 180 days of continuous active service. 

The complete advisory opinion is at Exhibit C.

The AFBCMR Psychological Advisor recommends partially granting the application and opines there was no error with the applicant’s administrative discharge from the military.  However, there was an error identified with her narrative reason for discharge.  Specifically, her records reflect she was discharged for having an unsuiting condition of an Adjustment Disorder and not a Personality Disorder.  There was no evidence she was diagnosed with a personality disorder during or post-service.  Both conditions are unsuiting conditions resulting with an administrative discharge.  It appeared the current narrative reason was an administrative error.  In terms of her post-service diagnoses of PTSD, Bipolar II Disorder and Autism Spectrum Disorder (ASD), none of these conditions were the cause or reason for her discharge.  There was evidence she experienced PTSD symptoms during service, especially being around males, but it was reported her anxiety and PTSD symptoms were caused from an abusive relationship that occurred prior to service as clarified by the applicant. Thus, her PTSD was considered existed prior to service (EPTS) and no evidence her military service caused her to develop PTSD.  Her Bipolar II Disorder was diagnosed 12 years post discharge with no evidence she had any bipolar symptoms during service.  Although it is correct that ASD is a developmental, life-long condition/disorder, this condition is considered unsuiting for service resulting with an administrative discharge, the same type of discharge she appropriately received.  There was no evidence the applicant had any unfitting mental health conditions during her very brief time in service of 22 days that would meet criteria for a medical discharge.  Her records indicated she had difficulties adjusting to the military causing her to feel anxious and depressed that may have exacerbated but not aggravated her pre-existing conditions.  Finally, her uncharacterized service characterization and separation code are consistent to her ELS discharge in accordance to AFI 36-3208, as she served less than 180 days of continuous active military service.  There were no errors identified with her Adjustment Disorder diagnosis, service characterization, separation code and subsequent administrative discharge from service.  She does not have any unfitting mental health conditions to include PTSD or Bipolar II Disorder resulting with a medical discharge that would outweigh her original, non-compensable administrative discharge.  

Liberal consideration is applied to the applicant’s request.  The following responses are based on information provided in the records to the four pertinent questions in the policy:

1.	Did the veteran have a condition or experience that may excuse or mitigate the discharge?  
The applicant was diagnosed with PTSD, Bipolar II Disorder, and ASD post-service.
2.	Did the condition exist or experience occur during military service? 
There was no evidence she experienced PTSD symptoms during service but this condition was EPTS.  She most likely had ASD during service and this condition is unsuiting for service.  She was given a diagnosis of Adjustment Disorder with Mixed Anxiety and Depressed Mood in service due to difficulties adjusting to the military causing her to feel anxious and depressed. 
3.	Does the condition or experience excuse or mitigate the discharge? 
The applicant’s Adjustment Disorder was the cause and reason for her discharge and does not excuse or mitigate her discharge.
4.	Does the condition or experience outweigh the discharge?
There was no error identified with the applicant’s administrative discharge for having an unsuiting mental health condition of an Adjustment Disorder.  She does not have any unsuiting mental health conditions to include PTSD or Bipolar II Disorder resulting with a medical discharge that would outweigh her original, non-compensable administrative discharge.  

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 18 March 2021 for comment (Exhibit G), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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 the victim of an error or injustice.  While the Board finds no error in the original discharge process.  However, the Psychological Advisor finds there is sufficient evidence to support changing the applicant’s narrative reason for separation to Secretarial Authority based on an administrative error, and we agree.  In this respect, we note the applicant was discharged with a narrative reason for separation of Personality Disorder.  However, the applicant provided a memorandum from the Behavioral Analysis Service, indicating she was diagnosed with an Adjustment Disorder with mixed anxiety and depressed mood, which is sufficient to justify granting the applicant’s request to change her Narrative Reason for Separation and corresponding Separation Code.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  The Board is satisfied that the application of liberal consideration does not warrant relief.  Therefore, the Board recommends correcting the applicant’s records as indicated below. 

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with her 13 June 2007 discharge, Block 26, Separation Code to read “JFF” and Block 28, Narrative Reason for Separation to read “Secretarial Authority.” 

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant, 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-2020-03559 in Executive Session on 14 June 2021:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 September 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSR, dated 28 January 2021.
Exhibit D: Applicant Notification of Clarifying Guidance, dated 28 January 2021.
Exhibit E: Advisory opinion, AFBCMR Mental Health, dated 23 February 2021.
Exhibit F: BCMR Name Change Acknowledgement Letter, dated 25 February 2021.
Exhibit G:	Notification of advisory, SAF/MRBC to applicant, dated 18 March 2021.

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.