ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1984-01495 INDEX CODE: 108.00, 110.00
COUNSEL: NONE HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to reflect that the causeof his release was mental illness.
RESUME OF CASE:
On 28 Sep 84, the Board considered and denied the applicantsrequest that his undesirable discharge be upgraded to honorable.For an accounting of the facts and circumstances surrounding theapplication, and the rationale of the earlier decision by theBoard, see the Record of Proceedings (ROP) at Exhibit G.
The applicant has submitted an undated; DD Form 149, Applicationfor Correction of Military Records, requesting that his dischargebe upgraded to reflect he was discharged because of a mentalillness, contending the discharge authority did not consider hismedical history. The crime leading up to his conviction was aby-product of his mental illness. The crime he stands convicted of was caused by a mental illness. Medical records indicate that he does not know right from wrong at all times.
In support of his request, the applicant provides a personalletter, a copy of his Sanity Hearing Transcript of 1969, and amental health evaluation prior to his entry into the StatePenitentiary.
His complete submission, with attachments, is at Exhibit H.
BCMR MEDICAL CONSULTANTS EVALUATION:
Pursuant to the Boards request the BCMR Medical Consultant hasprovided an evaluation and recommends denial.
The Medical Consultant states that a preponderance of evidencereflects that it was the applicants crime, and not a mentaldisorder, that resulted in his separation and service characterization. Specifically, there is insufficient evidence that a given mental disorder interfered with the applicantsability to perform military service to the extent that it shouldhave been recorded as the narrative reason for separation. The applicant has not met the burden of proof of an error orinjustice that justifies a change in the record.
The complete BCMR Medical Consultants evaluation is at Exhibit
I.
APPLICANT'S REVIEW OF THE BCMR MEDICAL CONSULTANTS EVALUATION:
On 20 Oct 09, a copy of the BCMR Medical Consultants evaluationwas forwarded to the applicant for review and comment within 30days. To date, a response has not been received (Exhibit J).
THE BOARD CONCLUDES THAT:
Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the
case; however, we agree with the opinion and recommendation of
the BCMR Medical Consultant and adopt his rationale as the basis
for our conclusion that the applicant has not been the victim of
an error or injustice. Therefore, in the absence of evidence to
the contrary, we find no compelling basis to recommend granting
the relief sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified that the additional evidence presenteddid not meet the criteria for reconsideration by the Board; andthat the application will only be reconsidered upon the submission of newly discovered relevant evidence not consideredwith this application.
The following members of the Board considered AFBCMR DocketNumber BC-1984-01495 in Executive Session on 25 Feb 10, under theprovisions of AFI 36-2603:
Panel Chair
Member
Member
2
The following documentary evidence pertaining to Docket NumberBC-1984-01495 was considered:
Exhibit G. Record of Proceedings, dated 20 Nov 84,
w/Exhibits.Exhibit H. DD Form 149, undated, w/atchs.Exhibit I. Memorandum, BCMR Medical Consultant,
dated 19 Oct 09. Exhibit J. Letter, SAF/MRBR, dated 20 Oct 09.
Panel Chair
3
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