ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 85-02290
INDEX CODE: 110.02, 108.00
APPLICANT COUNSEL: None
HEARING DESIRED: Yes
___________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be changed to honorable with medical conditions.
___________________________________________________________________
RESUME OF THE CASE:
On 30 July 1985, the Board considered and denied a request by the
applicant that his general (under honorable conditions) discharge be
upgraded to honorable (see AFBCMR 85-02290, with Exhibits A through G).
Subsequent to that time, on three occasions, the applicant requested
reconsideration of his case due to his medical conditions (Exhibit H).
___________________________________________________________________
APPLICANT CONTENDS THAT:
The only issues considered while he was in the service were psychiatric
conditions. Because of an injury to his skull, he had brain syndrome and
physical conditions (spine and back). These conditions have only
recently become known to him.
In support of his application, he referred to the records pertaining to
his treatment and compensation by the Department of Veterans Affairs
(DVA). His most recent submission and his letters to senior Air Force
officials are at Exhibit I.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 12 November 1963 and
served on active duty until 9 November 1967, when he was honorably
released from active duty in the grade of airman first class (E-4) and
transferred to the Air Force Reserve by reason of expiration of term of
obligated service. He had served 3 years, 11 months and 28 days on
active duty in the continental United States.
The applicant contracted a second enlistment in the Regular Air Force on
25 July 1969 in the grade of sergeant (E-4). Following an assignment to
Carswell AFB, Texas from 1 August 1969 to 6 June 1970, he was reassigned
to duties in Thailand, remaining there until on or about 16 February
1971, when he was transferred to Plattsburgh AFB, New York. During this
period of service, he received two Airman Performance Reports (APRs), in
which the overall evaluations were “7s.”
On 6 August 1970, nonjudicial punishment under Article 15, Uniform Code
of Military Justice (UCMJ) was imposed on the applicant for the offense
of AWOL from 22 July to 1 August 1970. He was reduced in grade to airman
first class (E-3) (suspended), and, was ordered to forfeit $133.00 for
two months and to be restricted to his base for 30 days. For breaking
restriction on 12 August 1970, the suspension of his reduction in grade
to airman first class was vacated and he reverted to the grade of airman
first class. For the offense of AWOL from 12 August to 26 August 1970,
the applicant was further reduced in grade to airman (E-2), and he was
ordered to forfeit $96.00 per month for two months and was restricted to
the limits of his base for 60 days.
Following his transfer to Plattsburgh AFB, on 2 March 1971, the
applicant’s duty status was changed from present for duty to AWOL. On 8
March 1971, he was apprehended by civil authorities and returned to
military control. Nonjudicial punishment was imposed on him on 18 March
1971 consisting of a suspended reduction in grade to airman basic (E-1).
Pursuant to his plea, on 27 March 1971, he was found guilty in a civil
court of public intoxication. For his failure to report to his place of
duty on 19 April 1971, the suspension of his reduction in grade to airman
basic was vacated on 22 April 1991. For being drunk and disorderly in
quarters on 21 May 1971, the applicant received Article 15 punishment on
27 May 1971, consisting of 12 hours of additional duty.
On 10 June 1971, the applicant was notified that his commander was
initiating separation proceedings under AFM 39-12 by reason of unfitness
because of frequent involvement of a discreditable nature with military
and civil authorities. The applicant was advised of his rights in the
matter and that a general discharge would be recommended. On 9 July
1971, he waived his rights to an administrative discharge board hearing
and submitted a statement for consideration by the discharge authority.
On 11 June 1971, the applicant underwent a physical examination for the
purpose of separation. He indicated that the state of his health was
“good” and denied the existence of any nervous problem(s). He was found
medically qualified for administrative separation. On 21 June 1971, his
commander referred him to mental health authorities for evaluation. In a
Certificate of Psychiatric Evaluation dated 2 July 1971, it was indicated
that the diagnosis in the applicant’s case was “alcoholism” -- a
character and behavior disorder.
In a legal review of the discharge case file, dated 20 July 1971, an
assistant staff judge advocate assigned to the staff of the discharge
authority found the file was legally sufficient. On 23 July 1971, the
discharge authority approved the recommended separation, without
suspension of the discharge, and directed that the applicant be furnished
a General Discharge certificate. On 30 July 1971, the applicant was
discharged under honorable conditions, having served 2 years and 6 days
of his last enlistment on active duty. He was credited with 6 years and
4 days of total active service. A reenlistment eligibility code of RE-2
was assigned.
Available information extracted from documents prepared by DVA
authorities indicates that the applicant filed his original claim for
compensation on 5 October 1971. The initial rating was accomplished on 7
January 1972 with diagnoses of bronchial asthma, with a compensable
rating of 10%; hearing loss, ratable at zero percent; and tinnitus,
ratable at zero percent. Rating action for a nervous condition and
hypertension was deferred. On 17 February 1972, the applicant was
referred for evaluation by a Chief of Psychiatry. After reviewing the
records and interviewing the applicant, in a report dated 22 February
1972, it was indicated that the impression was “Schizophrenia, chronic
undifferentiated type, manifested by bizarre somatic complaints, mild
thought disorder, mild paranoid ideation, inappropriate flat affect, and
obsessive thinking.” On 10 March 1972, the rating for bronchial asthma
was increased to 30% and the applicant was granted a compensable rating
of 10% for hypertension. In addition to the foregoing, on 24 March 1972,
he was granted service-connection and a compensable rating of 10% for the
condition, anxiety neurosis. The rating for hypertension was reduced to
zero percent. The combined compensable rating for these conditions was
40%. The applicant’s claim was reopened and, in a rating decision dated
9 August 1972, he was granted service-connection for schizophrenic
reaction, rated at 100% disabling, in addition to his previous
disabilities. The compensable rating for schizophrenia was reduced to
70%, for a total combined compensable rating of 80%. In a
neuropsychiatric examination dated 12 June 1973, it was indicated that
the impression of the applicant’s condition was “paranoid personality
with no indication of psychosis at the present time.” This physician
stated that the applicant was borderline schizophrenic and that he would
eventually be schizophrenic “if he is not one now.” On 6 February 1974,
his combined rating was increased to 100% due to unemployability.
The 100% disability rating for the applicant’s psychiatric condition
remains in effect to the current date. Evidence in the DVA record
indicates that at some time in 1984, he was declared incompetent and
that, with the exception of a five-month period in 1989, an appointed
conservator has managed his income and estate. Over the years, the
applicant has filed a number of unsuccessful DVA appeals contesting the
competency findings in his case.
___________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Chief Medical Consultant reviewed the application and
recommended denial. After summarizing the facts of the case, this
physician stated that there is no evidence that the applicant suffered
from a psychiatric disorder that should have been considered in the
disability evaluation system at the time of his administrative separation
in 1971. While some traits of impending derangement were noted, it was
not until some time later that his schizophrenia became manifest. The
Medical Consultant is of the opinion that action and disposition in this
case were proper and in compliance with Air Force directives which
implement the law (see Exhibit J).
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Medical Consultant’s advisory opinion was forwarded to the
applicant on 5 April 1999 for review and comment. As of this date, no
response has been received by this office.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. After reviewing the evidence presented, we do not find it sufficient
to support findings that the applicant’s discharge in July 1971 was
improper or contrary to the provisions of directive under which it was
effected. We have interpreted the applicant’s statements as assertions
that because of injuries and conditions existing prior to the termination
of his service, he should have been discharged or retired because of
physical disability. We are not persuaded that this was the case.
2. The reasons discharge proceedings were initiated against the
applicant are well documented in the record. It appears that most, if
not all, of the applicant’s misbehaviors were based on overindulgence in
alcoholic beverages and he was diagnosed as an alcoholic at that time.
Despite his problems with alcohol, his superiors rated his duty
performance during this last enlistment as “excellent,” “superior,” and
“exceptional.”
3. It should be noted that then, as now, an individual’s condition at
the time of separation or final disposition governs whether or not the
member is referred for disability processing. In order to be referred
for disability processing, the member’s fitness for worldwide duty must
be seen as questionable. Decisions of this nature are based on accepted
medical principles. We are aware that it is a generally accepted
principle there is a progression to conditions such as the applicant’s,
i.e., before the condition manifests to a degree of severity by which a
firm diagnosis may be made, some symptoms may occur which, in and of
themselves, do not lead medical authorities to question the individual’s
ability to function in society. Therefore, while in retrospect, it may
be determined that symptoms of the condition were evident before the
disease reaches a severity which would allow for a definitive diagnosis,
the exact nature and seriousness of the disease cannot be diagnosed with
any certainty.
4. On 11 June 1971, the applicant underwent a physical examination in
connection with his discharge processing. None of the conditions cited
by the applicant in his current application were noted at that time.
Shortly thereafter, he was referred for psychiatric evaluation for the
same purpose. As a result of both examinations, he was found medically
qualified for worldwide duty or separation. Notwithstanding the
subsequent course of his illness, we have seen nothing in the evidence
which would cause us to believe that the above-cited findings made in
June/July 1971 were erroneous or contrary to accepted medical principles
and the symptoms the applicant exhibited at that time. Our perception in
this matter is buttressed by the differences of opinion in the DVA’s
assessments of the applicant’s condition and the ratings assigned during
the first year or so following his separation.
5. In view of all the above, we are unable to conclude that the point at
which the applicant’s condition became unfitting occurred before his
separation, thereby warranting approval of the requested relief. Whether
the course of applicant’s illness was gradually progressive and/or
triggered by the trauma associated with his separation combined with his
personal problems, we are unconvinced that the evaluation of his case by
his commanders and military medical authorities was improper or not based
on accepted medical principles. In this regard, we agree with the
opinion of the Medical Consultant and believe the actions by Air Force
authorities in 1971 were appropriate, the applicant’s condition became
unfitting and ratable after his separation, and, as the law requires, he
is now and has been properly compensated by the DVA for his service-
connected conditions.
6. 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 issues involved. Therefore, the request
for a hearing is not favorably considered.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
___________________________________________________________________
The following members of the Board considered this application in
Executive Session on June 22, 1999, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Timothy A. Beyland, Member
Mr. Joseph G. Diamond, Member
The following additional documentary evidence was considered:
Exhibit H. Letters, AFBCMR, dated Feb 4, 1992, Mar 9, 1993,
and Apr 22, 1993, with applicant’s submissions.
Exhibit I. DD Form 149, dated Jul 8, 1997, with attachments,
and applicant’s letters, dated July 17, 1997,
July 25, 1997, Oct 11, 1997, Feb 8, 1998, Feb 24,
1998, Apr 8, 1998, Jul 12, 1998, Mar 1, 1999, and
Mar 2, 1999.
Exhibit J. Letter, BCMR Medical Consultant, dated Apr 2, 1999.
Exhibit K. Letter, AFBCMR, dated Apr 5, 1999.
THOMAS S. MARKIEWICZ
Panel Chair
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