AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS AUG 14 1996
RECORD OF PROCEEDINGS
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IN THE MATTER OF:
DOCKET NUMBER: 98-00185
COUNSEL: 7
HEARING DESIGED: YES
I
Applicant requests that his administrative discharge be changed
to a disability discharge.
Applicant's submission is at
Exhibit A.
The appropriate Air Force offices evaluated applicant's request
and provided advisory opinions to the Board recommending the
application be denied (Exhibit C). The advisory opinions were
forwarded to the applicant for review and response (Exhibit D).
As of this date, no response has been received by this office.
After careful consideration of applicant's request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The facts and
opinions stated in the advisory opinions appear to be based on
the evidence of record and have not been rebutted by applicant.
Absent persuasive evidence applicant was denied rights to which
entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to
disturb the existing record.
Accordingly, applicant's request is denied.
The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
Members of the Board Mr. Charles E. Bennett, Mr. Loren S.
Perlstein, and Ms. Peggy E. Gordon considered this application on
6 August 1998, in accordance with the provisions of Air Force
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552.
Q d d L25lLwWS
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CHARLES E. BENNETT
Panel Chair
Exhibits:
A. Applicant's DD Form 149
B. Available Master Personnel Records .
C. Advisory Opinions
D. AFBCMR Ltr Forwarding Advisory Opinions
14 April 1998
98-00 1 85
MEMORANDUM FOR AFBCMR
FROM: BCMR Medical Consultant
1535 Command Drive, EE Wing, 3rd Floor
Andrews AFB MD 20762-7002
SUBJECT: Application for Correction of Military Records
This application is not filed in a timely manner, 18% years having passed since the applicant
was discharged.
REQUESTED ACTION: The applicant was discharged for unsuitability under provisions of
AFR 39-10, Section B, Chapter 3, paragraph 3-81 on 7 August 1979 after serving 1 year, 2
months, and 18 days on active duty. He applies now to change his discharge to a physical
disability discharge based on problems he has encountered since his discharge.
FACTS: The applicant states he was treated for mental problems while in the Air Force, but
review of available records shows that he was seen only on 2 occasions in the mental health
clinic on 12 and 13 July 1979 while undergoing administrative separation procedures. No
diagnosis was rendered, and the applicant’s discharge process continued to completion. In the
years after his discharge, he came under care with the Department of Veterans Affairs who
found no service-connected association for his development of Chronic Paranoid Schizophrenia
which has been treated since on/about 1989 or possibly 1986. Nowhere in the records is found
any reference to treatment for mental health problems while the applicant was in the Air Force.
DISCUSSION: The applicant’s claim that he suffered from mental health problems while in
the military is not borne out in a careful review of his service records. There can be no
consideration of a disability claim unless evidence is found that a significant medical or
psychiatric problem existed while an individual was a member of the armed forces. No such
evidence is found in this record, and, therefore, the applicant’s request for a disability discharge
cannot be granted.
RECOMMENDATION: The BCMR Medical Consultant is of the opinion that the applicant’s
request for a medical disability discharge is not supported by evidence of records and his
request should, therefore, be denied.
/I S/6&%3 f J
FREDERICK W. HORNICK, Col., USAF, MC, FS
Chief Medical Consultant, AFBCMR
Medical Advisor SAF Personnel Council
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE, TEXAS
14 May 98
MEMORANDUM FOR AFBCMR
FROM:
HQ AFPCDPPD
550 C Street West Ste 06
Randolph AFB TX 78 150-4708
SUBJECT:
orrection of Military Record
REQUESTED ACTION: Applicant requests that his administrative discharge issued in
1979 (Under Honorable Conditions) for unsuitability be changed to a disability discharge.
FACTS: Applicant was involuntarily separated from the Air Force on 7 Aug 79 for
unsuitability for numerous disciplinary infractions under the provisions of AFR 39-1 0. Member
completed one year, two months, and eighteen days of active duty on his initial enlistment.
Member’s application is considered untimely under the sthtute of limitations.
DISCUSSION: The purpose of the military disability system is to maintain a fit and vital
force by separating members who are unable to perform the duties of their office, grade, rank or
rating. Members who are separated or retired for reason of physical disability may be eligible, if
otherwise qualified, for certain disability compensations. Eligibility for disability processing is
established by a Medical Evaluation Board (MEB) when that board finds that the member may
not be qualified for continued military service. The decision to conduct an MEB is made by the
medical treatment facility providing care to the member.
We carefully reviewed the AFBCMR application and verify that the applicant was never
referred to or considered by the Air Force Disability Evaluation System under the provisions of
member’s psychiatric evaluation on 12- 13 Jul 79, in the Mental Health
ospital, it was noted that “the patient has no medical disease or condition
to warrant disposition through medical channels. Any action should be taken under the
appropriate administrative directive.”
After a thorough review of the applicant’s case file, we found no errors or irregularities
that would justify the changing of his records to reflect a disability discharge. The medical
aspects of this case are explained by the Medical Consultant; we agree with his advisory.
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