ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-03390
INDEX CODE: 110.02
COUNSEL: STEPHEN J. DUNN
HEARING DESIRED: YES
_________________________________________________________________
RESUME OF CASE
On 21 April 1998, the Board considered and denied applicant's 11 July 1997
application requesting that (1) her uncharacterized discharge be changed to
a medical discharge; (2) a referral to a Physical Evaluation Board to
determine disability level; (3) restore all pay and allowances due her; (4)
grant a military pension; and (5) further relief as may be appropriate. A
complete copy of the Record of Proceedings is attached at Exhibit E.
On 1 June 1999, applicant’s counsel submitted a letter, with attachments,
requesting that the applicant’s appeal be reconsidered. Counsel’s complete
submission is attached at Exhibit F.
_________________________________________________________________
AIR FORCE EVALUATION
The Chief Medical Consultant, AFBCMR, reviewed this application and states
that further discussion of a supposition proposed some 9 years after the
fact is unwarranted. The applicant should have been separated with a
fraudulent enlistment because of her failure to reveal a significant
psychiatric background history that would surely have precluded her
entrance in the first place. As seen in her military records, the
applicant’s problems in basic training began within a week or so of
arrival, clearly indicating a predisposition to such problems relating to a
preexisting mental health condition that was incompatible with military
service. Her problems did not begin in the service...they long predated
her arrival, and she is, therefore, not eligible for disability
compensation as she requests. The BCMR Medical Consultant is of the
opinion that no change in the records is warranted and the application
should be denied.
A complete copy of the Air Force evaluation is attached at Exhibit G.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION
Applicant’s counsel reviewed the Air Force evaluation and states that the
applicant reiterates her psychiatric condition originated during her
service with the Air Force. It is the applicant’s position the stressors
of the Air Force basic training caused and exacerbated her psychiatric
condition.
Counsel’s complete response is attached at Exhibit I.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After reviewing the
documentation submitted with this request for reconsideration, we are still
not persuaded that the applicant’s entry level separation was in error or
unjust. The Air Force states that had her history of mental health
problems been revealed at the time of her enlistment in the Air Force, she
would have been denied entry to the military in accordance with induction
medical standards. The Air Force further states that the applicant should
have been separated with a fraudulent enlistment because of her failure to
reveal significant psychiatric background history that would surely have
precluded her entrance in the first place. We agree with the opinion and
recommendation of the Air Force and adopt their 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 again
find no compelling basis to recommend granting the relief sought in this
application.
2. 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 DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable material error or injustice; that the applicant
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 23 July 1999, under the provisions of AFR 31-3:
Mr. Benedict A. Kausal, IV, Panel Chair
Mr. David C. Van Gasbeck, Member
Mr. Dana J. Gilmour, Member
The following documentary evidence was considered:
Exhibit E. ROP, dated 22 May 98 w/atchs.
Exhibit F. Counsel's letter, dated 1 Jun 99 w/atchs.
Exhibit G. Letter, BCMR Medical Consultant, dated 28 Jun 99.
Exhibit H. Letter, AFBCMR, dated 9 July 1999.
Exhibit I. Counsel’s Response, dated 13 Jul 99.
BENEDICT A. KAUSAL, IV
Panel Chair
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-03390
INDEX CODE: 110.02
COUNSEL: STEPHEN J. DUNN
HEARING DESIRED: Yes
Applicant requests that (1) her uncharacterized discharge be changed to a
medical discharge; (2) a referral to a Physical Evaluation Board to
determine disability level; (3) restore all pay and allowances due her; (5)
grant a military pension; and (6) further relief as may be appropriate.
Applicant's submission is at Exhibit A.
The appropriate Air Force offices evaluated applicant's requests and
provided advisory opinions to the Board recommending the application be
denied (Exhibit C). The advisory opinions were forwarded to the
applicant's counsel 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
opinion 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. David C. Van Gasbeck, Mr. Benedict A. Kausal, IV,
and Mr. Dana J. Gilmour considered this application on 21 April 1998 in
accordance with the provisions of Air Force Instruction 36-2603, and the
governing statute, 10, U.S.C. 1552.
BENEDICT A. KAUSAL, IV
Panel Chair
Exhibits:
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. AFBCMR Ltr Forwarding Advisory Opinion
AF | BCMR | CY1999 | BC-1997-03390
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 97-03390 INDEX CODE: 110.02 COUNSEL: STEPHEN J. DUNN HEARING DESIRED: YES _________________________________________________________________ RESUME OF CASE On 21 April 1998, the Board considered and denied applicant's 11 July 1997 application requesting that (1) her uncharacterized discharge be changed to a medical discharge; (2) a referral to a Physical Evaluation Board...
Although the applicant has been unable to provide copies of TDY orders or travel vouchers in support of his request, an AF Form 7 contained in his records reflects that he performed 58 days TDY in SEA. Applicant requests award of the Vietnam Service Medal, Air Force Overseas Ribbon, etc. -4 5: ,- We recommend disapproval of the applicant's request for award of the Vietnam Service Medal and Air Force Overseas Ribbon.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). Accordingly, applicant's request is denied.
_________________________________________________________________ APPLICANT CONTENDS THAT: The reasons applicant believes he has been the victim of an error and/or an injustice are contained in his complete submission, which is at Exhibit A. The Exceptional Family Member Program (EFMP) is designed to ensure dependents of military members receive the special medical or educational care they require at the current or projected duty location. ...
The Air Force Discharge Review Board (AFDRB) considered and denied the applicant's request for upgrade of her discharge (Exhibit C). The AFDRB Brief was forwarded to the applicant f o r review and response (Exhibit D). The decision of the AFDRB appears to be based on the evidence of record and has not been rebutted by applicant.
The appropriate Air Force offices evaluated applicant's requests and provided advisory opinions to the Board recommending the application be denied (Exhibit C). The advisory opinions were forwarded to the applicant’s last two known addresses for review and response (Exhibit D). After careful consideration of applicant's remaining requests and the available evidence of record, we find insufficient evidence of error or injustice to warrant further corrective action.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). 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 appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). Applicant's response to the advisory opinion is at Exhibit E. 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 appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). 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 appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). The facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been rebutted by applicant.