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AF | BCMR | CY2000 | 9900238
Original file (9900238.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00238
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The reason for his discharge be changed to  “Medical  Discharge  Under
Honorable Conditions.”

APPLICANT CONTENDS THAT:

Since the prescription medicines he was taking would  surely  preclude
his serving further in the Air Force, he accepted  the  discharge  and
returned to civilian life.  However, he did serve honorably.

In support of his appeal, the applicant provided personal  statements,
a statement from a  psychiatrist,  copies  of  his  brief  psychiatric
assessments and progressive notes,  and  other  medical  documentation
associated with the matter under view.

Applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

Available documentation indicates that the applicant enlisted  in  the
Regular Air Force on 10 Jan 80.  He was released from active duty on 9
Jan 84 under the provisions of AFR 39-10 (Expiration  Term  of  Active
Obligated Service) and transferred to the Air  Force  Reserve  in  the
grade of sergeant.  He  was  credited  with  4 years  of  active  duty
service.

He was relieved from his current assignment and  honorably  discharged
from the Air Force Reserve on 31 Dec 90 for failure to comply.

AIR FORCE EVALUATION:

The  Military  Personnel  Division,   HQ   AFRC/DPM,   reviewed   this
application and indicated that they forwarded this case to  HQ AFRC/SG
for review and they concluded from the applicant’s letter that he  was
discharged for failure to  comply  because  he  did  not  provide  the
required medical information from his civilian health care provider as
requested by the military physician evaluating him.  DPM  stated  that
they agree with SG’s recommendation that without other information for
their  review,  the  applicant  should  not  be  granted  the   relief
requested.

A complete copy of the DPM evaluation, with attached  letter  from  HQ
AFRC/SGP, is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  provided  additional  medical  documentation  for  the
Board’s consideration, which is attached at Exhibit D.

ADDITIONAL AIR FORCE EVALUATION

The BCMR Medical Consultant reviewed this application and  recommended
denial.  According to the Medical Consultant, there was no evidence to
show the applicant’s mental health problem began during  a  period  of
active duty in his Reserve years.  Unless a member develops a  disease
or is injured while entitled to basic pay, that person is not eligible
for consideration in the disability system.   Therefore,  his  current
quest for  a  medical  discharge  is  not  legitimate  and  cannot  be
favorably recommended.  The Medical Consultant was of the opinion that
no change in the records was warranted.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
E.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of  the  additional  Air  Force  evaluation  was  forwarded  to
applicant on 16 Mar 00 for review and response.  As of this  date,  no
response has been received by this office (Exhibit F).

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.   The  applicant's
complete submission was thoroughly reviewed, including  the  statement
from a psychiatrist, and his contentions were duly noted.  However, we
do not find the applicant’s assertions and the documentation presented
in support of his  appeal  sufficiently  persuasive  to  override  the
rationale provided by the BCMR Medical Consultant.  Therefore, in  the
absence of clear and convincing evidence to the contrary, we adopt the
Medical Consultant’s rationale and conclude that no  basis  exists  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 10 May 00, under the provisions of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Ms. Margaret A. Zook, Member
      Mr. Clarence D. Long III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Jan 99, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFRC/DPM, dated 18 May 99.
    Exhibit D.  Letter, SAF/MIBR, dated 2 Aug 99.
    Exhibit E.  Statement from applicant, undated, w/atchs.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 18 Feb 00.
    Exhibit G.  Letter, AFBCMR, dated 16 Mar 00.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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