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AF | BCMR | CY1999 | 9801921
Original file (9801921.doc) Auto-classification: Denied

                           B RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01921
            INDEX CODE 106.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1967 Under-Other-Than-Honorable-Conditions (UOTHC)  discharge  for
the good of the service be changed to an honorable medical discharge.

_________________________________________________________________

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.

_________________________________________________________________

STATEMENT OF FACTS:

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Washington, D.C., provided an investigative report which  is  attached
at Exhibit C.

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are  contained  in  the  letter
prepared by the appropriate office of  the  Air  Force.   Accordingly,
there is no need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant reviewed this appeal and  indicates  the
evidence of record suggests that the multiple  instances  of  absences
without leave (AWOL) committed by the applicant between April and June
1967, when he had the capacity to know  right  from  wrong,  were  the
reason for the type of discharge he received.  Clearly at the time  of
his discharge, the applicant was not found
unfit for duty and medical discharge/retirement was appropriately  not
considered  in  his  separation  processing.   Therefore,  denial   is
recommend.

A complete copy of the evaluation is at Exhibit D.

The Chief,  Special  Actions,  BCMR  Advisories,  HQ  AFPC/DPPD,  also
evaluated the case and explains the difference  between  the  military
and the Department  of  Veterans  Affairs  (DVA)  disability  systems.
Although the two agencies use the same rating schedule,  the  military
only rates those which make a  person  unfit  for  continued  military
service with  the  DVA  rates  medical  conditions  connected  to  the
member’s military service. A thorough review of this case file reveals
no errors or irregularities that would justify  the  changing  of  the
applicant’s records to  reflect  a  disability  discharge.  The  Chief
concurs with the Medical Consultant advisory, which fully explains the
medical aspects of this case.  The applicant  has  not  submitted  any
material or documentation to show he was unfit  due  to  a  disability
under the provisions of Title 10, USC, at the time  of  his  voluntary
discharge from active duty. Therefore, denial is recommended.

A complete copy of the evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 28 December 1998 for review and comment within  30  days.
As of this date, no response has been received by this office.

_________________________________________________________________

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.  After a thorough review
of the documents pertaining to this appeal, we are not  persuaded  the
applicant should  be  honorably  discharged  for  medical  disability.
Applicant’s contentions are duly noted; however, we do not find  these
uncorroborated  assertions,  in  and   by   themselves,   sufficiently
persuasive to override  the  evidence  of  record  and  the  rationale
provided by the Air Force. We therefore agree with the recommendations
of the Air Force and adopt the rationale expressed as  the  basis  for
our decision that the applicant has failed to sustain  his  burden  of
having suffered either an error or an injustice. In view of the  above
and absent persuasive evidence to the contrary, we find no  compelling
basis to recommend granting the relief sought.

_________________________________________________________________

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 27 April 1999 under the  provisions  of  AFI  36-
2603:

                 Ms. Patricia J. Zarodkiweicz, Panel Chair
                 Ms. Olga M. Crerar, Member
                 Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

            Exhibit A.  DD Form 149, dated 8 Jul 98, w/atchs.
            Exhibit B.  Applicant's Master Personnel Records.
            Exhibit C.  FBI Report.
            Exhibit D.  Letter, AFBCMR Medical Consultant,
                           dated 4 Nov 98.
            Exhibit E.  Letter, HQ AFPC/DPPD, dated 14 Dec 98.
            Exhibit F.  Letter, AFBCMR, dated 28 Dec 98.




                                   PATRICIA J. ZARODKIEWICZ
                                   Panel Chair

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