ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 95-00986
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
RESUME OF CASE
On 18 July 1995, the Board considered the deceased former service member’s
son’s 5 March 1995 application requesting his deceased father’s
11 September 1956 Undesirable Discharge be upgraded to honorable. The
Board denied the application as untimely. A complete copy of the Record of
Proceedings is attached at Exhibit G.
On 12 February 1996, the deceased member’s wife submitted a letter and
additional documentation requesting her deceased spouse’s records be
corrected to reflect a medical retirement. (Exhibit H)
_________________________________________________________________
AIR FORCE EVALUATION
The Chief, Physical Disability Division, Directorate of Pers Prog
Management, AFPC/DPPD, reviewed this application and states that the
service member’s medical records consistently reflect those of a healthy
young man. The separation physical, dated 18 July 1956, notes, “Excessive
drinking overseas, 1952. Is continuing to drink. No other significant
illness or injury during current term of service and no aggravation of
preexisting conditions...Examinee is qualified for separation.” This entry
indicates that the physician found no reason to recommend an MEB, and that
the service member was physically fit for continued military service. The
service member’s drinking problem did not render him unfit for military
service even though it may have affected his judgment or attitude which
resulted in his involuntary separation from the service. Alcoholism is not
a ratable or compensable condition listed in the VA Schedule for Rating
Disabilities. Further, the records do not show that the service member had
any seizures while on active duty which may have brought into question his
fitness for continued military service. In fact, on the separation
physical survey, the service member answered “no” to the question, “Had
Epilepsy (fits).” Likewise, he apparently did not display symptoms of
psychoses
that would have promoted further evaluation leading to a physical
disability discharge or retirement. The case file does not support any of
the various claims of injustice and/or errors as enumerated by the service
member’s son and wife. They recommend denial of the request.
A complete copy of the Air Force evaluation is attached at Exhibit I.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The deceased member’s wife reviewed the Air Force evaluation and states
that the government had the burden of offering unmistakable evidence to
rebut the Appellant’s charges and presumptions of the service-connected
aggravation, while also showing that the increase in the disability (i.e.,
many brain tumors leading to removal of some) was due only to the natural
progress of the disease. Chemical and other biological elements have track
histories for causing brain tumors and other forms of cancer and since
tumors can be hidden within certain portions of the brain, go unnoticed for
years. The service member’s problems with alcohol abuse is well documented
but there is no mention of other physical and mental problems in which his
physical behavior and medical records clearly demonstrated back in his
first enlistment until the end of his life.
Applicant's complete response is attached at Exhibit K.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest
of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. In an earlier application, the
son of the deceased member requested that his father’s discharge be
upgraded. On 18 July 1995, the Board concluded that the son had not shown
a plausible reason for delay in filing, and we were not persuaded that the
record raised issues of error or injustice which required resolution on the
merits of this case. Therefore, the Board rejected the application as
untimely. The widow of the deceased member now submits a letter requesting
that the member’s records be corrected to reflect a medical retirement.
After reviewing the documentation submitted, we are not persuaded the
deceased member’s record are in error or that his separation from the Air
Force was unjust. The Air Force’s evaluation, in our opinion, adequately
addresses the widow’s contentions concerning the member’s fitness for
continued military service at the time of his separation. In view of the
above, we agree with the opinion and recommendation of the Air Force and
adopt their rationale as the basis for our conclusion that the member 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 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 1 April 1999, under the provisions of AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
Ms. Kathy Boockholdt, Member
Mr. Thomas S. Markiewicz, Member
The following documentary evidence was considered:
Exhibit G. ROP, dated 23 Oct 95 w/atchs.
Exhibit H. Spouse’s letters, dated 12 Feb 96 w/atchs and
3 Mar 96 w/atchs.
Exhibit I. Letter, AFPC/DPPD, dated 28 Oct 96.
Exhibit J. Letter, AFBCMR, dated 4 Nov 96.
Exhibit K. Spouse’s Letter, dated 4 Jan 97.
CHARLES E. BENNETT
Panel Chair
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