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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