RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01046

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NOT INDICATED	

APPLICANT’S REQUEST

His “uncharacterized” entry-level separation (ELS) be changed to “hardship” or “early out.”

APPLICANT’S CONTENTIONS

His discharge was listed as “uncharacterized” in error. Tragedy in his family required his separation from military service.  He was told by a discharging officer that his discharge would be characterized as “hardship” or an “early out.”    

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 22 Jun 87, the applicant’s commander recommended the applicant be discharged from the Air Force, under the provisions of AFR 39-10, Administrative Separation of Airmen.  The specific reasons for the action were:

a.	Diagnosed as having an adjustment disorder with mixed emotional features and a mixed personality disorder with avoidant and passive/aggressive features, manifested by poor social adaptability and negativistic outlook.

b.	Attitude has had an adverse effect on working relationships within the unit and on duty  
                  performance as well.	
	
On 29 Jun 87, the Staff Judge Advocate found the discharge action legally sufficient.

On 6 Jul 87, the discharge authority directed the applicant be discharged with an entry-level separation (ELS). Probation and rehabilitation was considered, but not offered.

On 9 Jul 87 the applicant received an uncharacterized discharge.  His narrative reason for separation is “Entry-Level Separation” and he was credited with six months, and eight days of total active service.

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

APPLICABLE AUTHORITY/GUIDANCE

On 3 Sep 14, 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 Aug 17, 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 11 Jun 21, the Board staff provided the applicant a copy of the liberal consideration guidance (Exhibit C).

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application to change his narrative reason for separation and corresponding Separation Program Designator (SPD) code.    Furthermore, airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days continuous active service.  The Department of Defense (DoD) determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service.  Based on review of the master of personnel records and the applicant’s request, there is no error or injustice with the discharge processing.

The complete advisory opinion is at Exhibit D.

ADDITIONAL AIR FORCE EVALUATION

The AFRBA Psychological Advisor completed a review of all available records and finds insufficient evidence to support the applicant’s request for the desired changes to his records.  The applicant was evaluated twice by two different mental health providers at two mental health clinics during service and both evaluations yielded the same result that he had an unsuiting mental health condition caused by having difficulties adjusting to the military environment. His adjustment issues were exacerbated by his parent’s divorce and relationship stress with his girlfriend from back home. Any type of mental health intervention provided would be futile as the applicant was reported to have been resistant to assistance, had poor coping skills and was fixated with being discharged from service. These reactions are explained by his personality traits.  His adjustment disorder and personality traits identified from the assessment were appropriate and valid based on his reported clinical presentation at the snapshot in time of service. There was no error with his uncharacterized discharge because he served less than a 180 days of continuous service at the time he was notified of discharge. 

The Board applied liberal consideration to the applicant’s request due to the contention of a mental health condition.  t. The following are responses based on information presented 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 contends he was supposed to be discharged for “hardship” or “early out” and his Uncharacterized discharge was made in error. 

2.	Did the condition exist or experience occur during military service?
There is evidence the applicant was diagnosed with Adjustment Disorder with Mixed Emotional Features and Mixed Personality Disorder and conditions of Other Family Circumstances, Other Interpersonal Problem, and Occupational Problem during military service in response to his inability to adjust to the military, parent’s divorce, and relationship stress with his girlfriend. 

3.	Does the condition or experience excuse or mitigate the discharge?
The applicant’s unsuiting mental health condition of an Adjustment Disorder and Personality Disorder were the cause and reason for his discharge from service. Due to the applicant serving less than 180 days of continuous service at the time he was notified of discharge, he was furnished with an Uncharacterized character of service according to regulations. Therefore, his mental health condition does not excuse or mitigate his discharge. 

4.	Does the condition or experience outweighs the discharge?
There is no error identified with the applicant’s ELS discharge and Uncharacterized service characterization; his mental health condition does not outweigh his original discharge. 

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinions to the applicant on 25 Feb 22 for comment (Exhibit F), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.  

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/DP2SSR and the AFRBA Psychological Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contention that his “uncharacterized” ELS discharge should be changed to “hardship” or “early out.”  The Base Separation A directed entry level separation with uncharacterized service based on a condition that interfered with military service.  DoD determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service.  The applicant had an unsuiting mental health condition caused by having difficulties adjusting to the military environment. Also, the Board is satisfied that the application of liberal consideration does not warrant relief.  Finally, the Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2021-01046 in Executive Session on 21 Mar 22 and 28 Mar 22.

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 3 Nov 20.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF/MRBC, w/atchs (Liberal Consideration Guidance), dated 11 Jun 21.
Exhibit D:	Advisory Opinion, AFPC/DP2SSR, dated 14 Jun 21.
Exhibit E:	Advisory Opinion, AFRBA Psychological Advisor, dated 2 Sep 21.
Exhibit F:	Notification of Advisories, SAF/MRBC to Applicant, dated 25 Feb 22.

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.