RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-00206
                 INDEX CODE:  108

                 COUNSEL:  NONE

                 HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His honorable discharge be changed to a medical discharge.

2.  He receive the award of the Air Force Good Conduct  Medal  (AFGCM)
for the period August 1964 to August 1967.

3.  The  Report  of  Medical  Examination,  Standard  Form  88,  dated
27 November 1967, be corrected to include a “sternal  scar”  that  was
not recorded at the time of his examination.

4.  The results of a Summary Court-Martial be reversed and  his  grade
be restored with monetary benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Because of racial  slurs  by  his  commander  and  retaliation  action
against him for being involved in congressional investigations, he was
not awarded the  AFGCM.   Applicant  states  that  the  Department  of
Veterans Affairs (DVA) has used his lack of any medals as a factor  in
making a determination concerning benefits.

Applicant states that when he was assigned to Spain in March 1966,  he
was tasked to assist in the clean-up of radiation contamination caused
by a mid-air collision of a B-52 with a  KC-135  refueling  tanker  in
January 1966.  He states that the military flew him  to  Torrejon  Air
Base because he  showed  signs  of  exposure  to  radiation.   He  was
hospitalized  for  30  days  in  May  1966   with   a   diagnosis   of
Agranulocytosis and he should have received a medical  discharge  from
the Air Force.

Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 7 August 1964 for  four
years in the grade of airman basic.

Available records reflect that the applicant was assigned to Moron Air
Base and Torrejon Air Base, Spain in March  1966.   Applicant  alleges
that  he  was  tasked  to  assist  in  the   clean-up   of   radiation
contamination caused by the mid-air collision of a B-52 and  a  KC-135
in January 1966.  Clean-up efforts extended from  17 January  through,
at least, 11 April 1966.

Applicant was hospitalized at Torrejon Hospital from 9 May  to  9 June
1966 with a diagnosis of agranulocytosis, etiology  undetermined.   He
was discharged to full duty on 9 June 1966.

Applicant was credited for the award of the  Air  Force  Good  Conduct
Medal (AFGCM) for the period 7 August 1964 to 6 August 1967.  He  also
received the award of the National Defense Service Medal (NDSM).

On 29 January 1968, while serving in the grade of Airman First  Class,
Summary  Court-Martial  charges  were  filed  against  the  applicant.
Charge I was in violation of the  Uniform  Code  of  Military  Justice
(UCMJ), Article 89 with the Specification that the applicant  did,  at
Torrejon Air Base, Spain, on or about 23 January 1968, behave  himself
with disrespect towards his superior officer, while the  said  officer
was his commander, by saying “F--- the Commander”, or  words  to  that
effect.  Charge II was in violation of the UCMJ, Article 121 with  the
Specification that the applicant did, at Torrejon Air Base, Spain,  on
or about 23 January 1968, steal one bedspread,  two  softball  gloves,
one pair of softball uniform pants, a total value of less than $20.00,
the property of the U.S. Government.  The applicant pled Not Guilty to
both  Specifications  and  Charges  and  was  found  Guilty.   He  was
sentenced to confinement at hard labor for 30 days and reduced to  the
grade of Airman Basic.  The sentence was approved and ordered executed
by the Convening Authority on 31 January 1968.

Applicant was subsequently returned to McGuire  Air  Force  Base,  New
Jersey and on 24 February 1968, was  honorably  released  from  active
duty under the provisions of AFM 39-10 (Convenience of the  Government
- Insufficient service retainability for Permanent Change  of  Station
(PCS), and transferred to the Air Force Reserve.  He was  subsequently
relieved from assignment Headquarters, Air  Reserve  Personnel  Center
and honorably discharged from the Air Force Reserve effective 6 August
1970 in the grade of airman basic.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant states that the applicant’s  diagnosis  of
agranulocytosis, which causes a reduction in the body’s production  of
white blood cells, was  investigated  by  bone  marrow  biopsies,  the
technique of which is not shown in the records.  (Ordinarily, a  small
skin incision is made for this procedure to allow a trocar to then  be
inserted into the bone for marrow sampling.)  Interestingly,  a  brief
summary from that hospitalization shows  the  bone  marrow  report  as
“normal.”  The applicant claims that he has a lengthy  scar  over  his
sternum from such a biopsy, but all records  reviewed  (including  his
separation physical and multiple examinations  performed  for  various
health problems since his separation) fail to  mention  such  a  scar.
The applicant’s contention that his agranulocytosis was caused by  his
participation  in  the  radiation  clean-up  effort,  has   not   been
substantiated by the Department of Veterans  Affairs  (DVA)  in  their
numerous evaluations.

While it is remotely possible that the applicant might  have  incurred
radiation exposure and that this was the cause of his low white  blood
cell counts (which have remained stable  through  the  intervening  30
years since his separation), there is  not  strong  support  for  this
contention.  Regardless of the cause of the  problem  (and  there  are
many) this condition could in no way be construed to be unfitting  for
continued military service and, therefore the applicant’s  claim  that
he should have received a medical discharge is unfounded.   No  change
in the records is warranted and the application should be denied.

A copy of the Air Force evaluation is attached at Exhibit C.

The Recognition Programs Branch, Promotions, Evaluation &  Recognition
Division, HQ AFPC/DPPPRA, states that the applicant  did  receive  the
Air Force Good Conduct Medal prior to his Summary Court-Martial on  31
January 1968.  He is not eligible  for,  or  entitled  to,  any  other
awards or decorations.

A copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
12 October  1998  for  review  and  response.   Applicant  states,  in
summary, that with all his medical  problems,  relating  back  to  the
service, he has never received any compensation from the DVA for these
conditions.  The DVA medical treatment records for the period of  1968
through 1994 are missing.  These  records  would  reveal  the  gradual
decline in his health and the  occurrence  of  (radiogenic)  diseases.
Applicant’s response, with attachments, is attached at Exhibit F.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  states  that  the  applicant’s  rebuttal
letter details other information he  feels  is  pertinent  to  showing
sufficiency for a medical discharge.

The applicant alludes to a blood sugar value of  “over  500”  but  the
only blood sugar value found was a normal fasting value of 96 the  day
after his admission to the  hospital  in  Torrejon  Air  Base,  Spain,
between  May  and  June  1966.   His  non-insulin  dependent  diabetes
mellitus was not  diagnosed  until  1997  per  his  DVA  records.   He
mentions also using medications to help achieve  sleep  while  in  the
hospital, and orders for such medication are noted, a common  practice
to help patients sleep in a different, and  oftentimes  stressful  new
environment.  The applicant was discharged to full duty on the 9th  of
June 1966 and further evidence of significant medical problems is  not
found in available records.  The applicant’s  24-hour  urine  specimen
was reported negative for radioactivity while he was in the  hospital.
There is no other evidence that further testing was ordered.

There is no  physical  measurement  available  to  use  regarding  the
presence of  his  sternal  scar.   Its  relevance  to  his  later  DVA
disability claims escapes this  reviewer.   It  is  certainly  not  an
unfitting condition that would have  warranted  consideration  in  the
disability  evaluation  system,  and  asymptomatic   scars   are   not
compensable  in  the  DVA  system.   Similarly,  the   agranulocytosis
diagnosed in 1966, whether or not related to the  clean-up  activities
at Palomares is irrelevant as far as a medical discharge  request,  as
neither this, nor any of the other problems mentioned in the  rebuttal
letter were of sufficient magnitude, either singly or any combination,
thereof, to warrant a disability separation.  No evidence exists for a
change to a medical disability separation.

A complete copy of the additional Air Force evaluation is attached  at
Exhibit G.

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation  was  forwarded  to  the
applicant on 24 June 1999 for review and response within 30 days.  The
applicant submitted a five-page response, with attachments,  which  is
attached at Exhibit I.

_________________________________________________________________

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 evidence of record  and  applicant’s  submission,  we  are  not
persuaded that his honorable discharge should be changed to a  medical
discharge; that he receive the award of the  Air  Force  Good  Conduct
Medal (AFGCM); that the Report of Medical Examination,  Standard  Form
88, dated 27 November 1967, should be corrected to include a  “sternal
scar.”; or, that the results of a Summary  Court-Martial  be  reversed
and his grade be restored.  His contentions are duly  noted;  however,
we do not find these assertions, in and  by  themselves,  sufficiently
persuasive to override the rationale provided by the  Air  Force.   On
reaching these conclusions, we considered the following:

    a.  With regard to applicant’s request to receive the award of the
AFGCM, we note, as stated  by  AFPC/DPPPRA,  that  the  applicant  did
receive the AFGCM for  the  period  7  August  1964  to  August  1967.
Therefore, he did receive the award for which he was entitled and  the
award is reflected on his DD Form 214,  Armed  Forces  of  the  United
States Report  of  Transfer  or  Discharge,  dated  24 February  1968.
Therefore, this request is a moot issue.

    b.  Although applicant has  requested  the  finding  of  a  court-
martial board be set aside or reversed, this Board is not empowered to
do so.  With respect to records  of  courts-martial,  10  USC  1552(f)
limits this Board to (1) correction of a  record  to  reflect  actions
taken by the reviewing official and (2) action on the  sentence  of  a
court-martial  for  purposes  of  clemency.   The  authority  of   the
Correction Board to change the  finding  or  verdict  is  specifically
excluded from the statute, and we find no basis to disturb either  the
record of the reviewing or the sentence of the court-martial board.

    c.  With regard to applicant’s additional requests pertaining to a
medical discharge, we  believe  that  the  AFBCMR  Medical  Consultant
adequately addressed the applicant’s contentions.  We therefore  agree
with  the  recommendations  of  the  BCMR  Consultant  and  adopt  the
rationale expressed as the basis for our decision that  the  applicant
has failed to sustain his burden that he has suffered either an  error
or an injustice.  Therefore, we find no compelling basis to  recommend
granting the relief sought.

4.  The documentation provided with this case was sufficient  to  give
the Board a clear understanding of the issues involved and a  personal
appearance, with or without counsel, would not have  materially  added
to that understanding.  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 21 September 1999, under the provisions of AFI 36-
2603.

                  Mr. David W. Mulgrew, Panel Chair
                  Ms. Patricia D. Vestal, Member
                  Mr. Lawrence R. Leehy, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Jan 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 15 Sep 98.
   Exhibit D.  Letter, HQ AFPC/DPPPRA, dated 22 Sep 98.
   Exhibit E.  Letter, AFBCMR, dated 12 Oct 98.
   Exhibit F.  Applicant’s Letter, dated 16 Nov 98, w/atchs.
   Exhibit F-1 Applicant’s Letter, dated 20 Nov 98, w/atchs.
   Exhibit F-2 DVA Letter, dated 18 Dec 98, w/atchs.
   Exhibit G.  Letter, BCMR Medical Consultant, dated 7 May 99.
   Exhibit H.  Letter, AFBCMR, dated 24 Jun 99.
   Exhibit I.  Applicant’s Letter, dated 22 Jul 99, w/atchs.





                                   DAVID W. MULGREW
                                   Panel Chair