Search Decisions

Decision Text

AF | BCMR | CY1998 | 9800185
Original file (9800185.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS AUG  14  1996 

RECORD OF PROCEEDINGS 

'

*

 

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 

-1 

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. 



Similar Decisions

  • AF | BCMR | CY2000 | 9802906

    Original file (9802906.doc) Auto-classification: Approved

    _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the regular Air Force on 22 Mar 95, in the grade of E-3. _________________________________________________________________ AIR FORCE EVALUATIONS: The BCMR Medical Consultant reviewed this application and recommended no change in the applicant’s records. AFPC/DPPD’s complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S...

  • AF | BCMR | CY2005 | BC-2004-02506

    Original file (BC-2004-02506.doc) Auto-classification: Denied

    On 9 October 1979, the applicant received a Letter of Counseling regarding his job performance. On 17 December 1979, he was discharged under honorable conditions under the provisions of AFR 39-12 (Unsuitable - Personality Disorder). After careful consideration of the applicant’s request and the available evidence of record, we see no evidence that would warrant an upgrade of his discharge to honorable.

  • AF | BCMR | CY2005 | BC-2004-00753

    Original file (BC-2004-00753.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00753 INDEX CODE: 110.00, 100.03 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her reenlistment eligibility (RE) code of 2C be changed to allow eligibility to reenlist. On 10 May 2000, the applicant received notification that she was being recommended for discharge due to having a mental condition...

  • AF | BCMR | CY1998 | 9702661

    Original file (9702661.pdf) Auto-classification: Approved

    AIR FORCE EVALUATION: c >. A complete copy of the evaluation is attached at Exhibit C. The Chief Medical Consultant, AFBCMR, reviewed this application and states that while there can be no change in the reason for the applicant's separation, it would seem appropriate to consider a change in his reenlistment eligibility code to accommodate his desire to return to the military, with waiver if he is otherwise qualified for commissioning. However, the Air Force Board .for Correction of...

  • AF | BCMR | CY1998 | 9801164

    Original file (9801164.pdf) Auto-classification: Denied

    The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C ) . FACTS: The applicant states that his discharge would not have occurred had it not been for a report filed by a psychologist who evaluated him by direction of his commander. Applicant did not identify any specific errors in the discharge processing nor provide facts which warrant an upgrade of the discharge he received, change his...

  • AF | BCMR | CY1999 | BC-1998-00826

    Original file (BC-1998-00826.doc) Auto-classification: Approved

    Evaluation in the disability evaluation system should have followed where the most likely recommendation would have been unfit for duty. A complete copy of the Medical Consultant’s evaluation is at Exhibit C. The Physical Disability Division, AFPC/DPPD, reviewed this application and recommended denial. A complete copy of the DPPD evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force...

  • AF | BCMR | CY1999 | 9800826

    Original file (9800826.doc) Auto-classification: Approved

    The fact is, the applicant presented himself to mental health services during his period of service with apparently bonafide evidence of psychotic hallucinations/behavior and this was not considered in his discharge processing. A complete copy of the DPPD evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to applicant on 17 Aug 98 for review and response....

  • AF | BCMR | CY1999 | BC-1996-02869A

    Original file (BC-1996-02869A.doc) Auto-classification: Denied

    Applicant’s complete statement, with attachment, is at Exhibit F. ___________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The Chief, Medical Consultant, BCMR, reviewed applicant’s most recent submission and opined that no change in the records is warranted and the application should be denied. From evidence presented both at removal from the TDRL and current examinations, the applicant’s physical disability clearly does not warrant a change in...

  • AF | BCMR | CY1999 | 9602869A

    Original file (9602869A.doc) Auto-classification: Denied

    Applicant’s complete statement, with attachment, is at Exhibit F. ___________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The Chief, Medical Consultant, BCMR, reviewed applicant’s most recent submission and opined that no change in the records is warranted and the application should be denied. From evidence presented both at removal from the TDRL and current examinations, the applicant’s physical disability clearly does not warrant a change in...

  • AF | BCMR | CY1998 | 9703151

    Original file (9703151.pdf) Auto-classification: Denied

    The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit D). DISCUSSION: Evidence of record and medical examinations prior to separation indicate the applicant was fit and medically qualified for continued military service or appropriate separation and did not have any physical or mental condition which would have warranted consideration under the provisions of AFR 35-4. Page 2...