RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00497

XXXXXXXXX	COUNSEL: NONE	

(AKA) XXXXXXXXXX 	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

Her DD Form 214, Certificate of Release or Discharge from Active Duty, Block 28, Narrative Reason for Separation of “Personality Disorder” be changed.

APPLICANT’S CONTENTIONS

Her discharge was unjust and no attempt was made to determine whether she was fit for service.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman first class (E-3). 

On 9 Jul 04, DD Form 214, Certificate of Release or Discharge from Active Duty, reflects the applicant was honorably discharged in the grade of airman first class (E-3) after serving 10 months and 1 day of active duty.  She was discharged, 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 advisory at Exhibit D.

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 25 Jul 18, the Under Secretary of Defense issued supplemental guidance 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 15 Mar 21, the Board staff provided the applicant a copy of the liberal consideration guidance (Exhibit C).

AIR FORCE EVALUATION

The AFBCMR Psychological Advisor recommends granting the applicant’s request to change her narrative reason for separation to “Secretarial Authority.”  The applicant contends she believed her discharge was unjustified and no attempts were made to determine if she was fit for service before discharging her from service for personality disorder with a reentry code of “2C” and separation code of “JFX.”  Contrary to the applicant’s contention, she did receive an evaluation for fitness for duty during service.  This was completed through her command referred evaluation, which was completed on 11 May 04.  She was command referred for a mental health evaluation due to concerns of displaying mood swings, crying uncontrollably, voicing safety concerns, and behavioral issues in class.  During the evaluation, she endorsed having issues and symptoms of labile mood, interpersonal relationship issues, fear of abandonment, poor self-image, impulsivity, feelings of emptiness, and having suicidal ideation without plan or intent.  She also discussed her relationship difficulties with men and stated her relationship tends to be intense, alternating between loving and hating them, and when her relationship would fail, she may threaten suicide or engage in self-mutilation behaviors.  From these reported symptoms, she was given a diagnosis of Borderline Personality Disorder.  This psychological advisor finds no error with this diagnosis as the documented reasons for this disorder are consistent to the diagnostic criteria requirement for this disorder and therefore, is valid.  The applicant did not submit any records to refute the notion that her personality disorder diagnosis was made in error.  This disorder is considered unsuiting for continued military service leading to her administrative discharge.  It is acknowledged the applicant was briefly treated for depression in service, but this condition was never considered to be unfitting for continued military service that would meet criteria for a medical discharge. It appeared through her treatment notes her personality traits/disorder was identified to be the primary condition affecting her behaviors and functioning in service that led to her administrative discharge.  Therefore, this psychological advisor finds no error or injustice with her discharge processing from service.  The Board may elect to apply liberal consideration to the applicant’s request due to her contention of a mental health condition, however, the applicant’s Borderline Personality Disorder diagnosis resulting from her command referred evaluation was the reason for her discharge in service. This condition is considered unsuiting for continued military service meeting criteria for an administrative discharge, which she appropriately received. There was no error identified with her discharge and thus, her condition or experience does not excuse, outweigh, or mitigate her discharge.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 25 Oct 21 for comment (Exhibit E), 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.  The Board concurs with the rationale and recommendation of the AFBCMR Psychological Advisor and finds a preponderance of the evidence substantiates the applicant’s contentions.  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 APPLICANT be corrected to show her DD Form 214, Certificate of Release or Discharge from Active Duty, Block 26, Separation Code be changed to “JFF” and Block 28, Narrative Reason for Separation be changed to “Secretarial Authority,” under the provisions of AFI 36-3208, Administrative Separation of Airmen.

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-2021-00497 in Executive Session on 15 Dec 21:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 25 Feb 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C: Letter to Applicant, SAF/MRBC (Liberal Consideration), dated 15 Mar 21.
Exhibit D:	Advisory opinion, AFBCMR Psychological Advisor, dated 21 Apr 21.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 25 Oct 21.

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.