RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00875
            INDEX CODE:  100.00


            COUNSEL:  NONE


            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

A medical record entry (Register No.  1898),  dated  26 Mar  73,  be
expunged from his records to assist him  in  filing  a  compensation
request.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Statements in his medical records states that he did drugs before he
was in the military which is false.  He never did any drugs until he
was in the military after he was sent to  the  Philippines.   During
his time in the Philippines, he became depressed due to not being in
the States to help his mother and brother.  This depression  led  to
him drinking alcohol which led him to doing drugs.  This led him  to
going absent without leave (AWOL) which he turned himself  in  under
the amnesty program.  Now he wants to file a claim for  compensation
because he blames the Air Force for  his  drug  abuse  which  caused
brain damage.  The medical record does not have his social  security
number (SSN).  The SSN is someone else’s.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 14 Jun 70, the  applicant  enlisted  in  the  Regular  Air  Force
(RegAF) for a period of four years in the grade of airman basic.

Applicant’s Airman Performance Report (APR) ratings  reflect  7,  9,
and 8, respectively.

On  20 May  71,  applicant  received  a  special  court-martial   in
violation of Article 121, Uniform Code of Military  Justice  (UCMJ),
in that, on or about 11 Apr 71, stole United States  currency  of  a
value of about $20 of another airman.  He was reduced from the grade
of airman first class to the grade of airman basic, confined to hard
labor for three months, and forfeited $50 a month for three  months.
The sentence was adjudged on 6 May 71.

On 27 Dec 72, the applicant was notified  of  his  Squadron  Section
Commander’s intent to impose punishment upon him  for  on  or  about
17 Dec 72, without authority, failing to go at the  time  prescribed
to his appointed place of duty.

On 27 Dec 72, after consulting with counsel,  applicant  waived  his
right to a trial by court-martial  and  did  not  submit  a  written
presentation.

On 27 Dec 72, he was found guilty by his commander who  imposed  the
following punishment:  Ordered to forfeit $25 a month for one  month
and to perform seven days of extra duties.  Applicant did not appeal
the punishment.

Records reflect applicant was AWOL  from  16 Feb -  26 Feb  73.   On
27 Feb 73, he voluntarily returned to military control at Clark AB.

On 23 Mar 73, the applicant was evaluated by the  medical  staff  of
the USAF  Special  Treatment  Center  (STC)  and  was  diagnosed  as
follows:

            a.    Drug  abuse  as  manifested  by  improper  use  of
hallucinogens  (including  LSD),  heroin,  opium,  barbiturates  and
inhalants; psychological addiction to marijuana and amphetamines.

             b.    Character  and  behavior  disorder  described  as
passive aggressive personality.

It was recommended that the applicant be administratively  separated
from the Air Force.  He did not  have  any  psychiatric  disease  or
condition which would warrant separation from the service under  the
provisions of AFM  35-4.   He  refused  rehabilitation  in  the  STC
Program.

On 27 Mar 73, the applicant was notified by the  Chief,  Psychiatric
Evaluation Division, that he was recommending that action  be  taken
to effect the applicant’s separation from the Air Force based on the
evaluation of the Psychiatric Evaluation Division.   On  27 Mar  73,
applicant indicated that he was advised of the nature of this action
and counseled regarding the case; he was advised of  his  rights  to
submit a rebuttal and make statements in his own behalf and that  he
would be assisted in the preparation of any  written  statements  or
rebuttals; and, he was advised that if he desired to submit a waiver
of such opportunity of a rebuttal or  statements,  he  must  sign  a
statement to that effect.  Applicant did  not  desire  to  submit  a
rebuttal or statements concerning the action being taken or  to  the
allegations made.

On  30 Mar  73,  the  Staff  Judge  Advocate  (SJA)   reviewed   the
applicant’s file and found it to be legally sufficient to support  a
discharge based upon medical diagnosis  of  character  and  behavior
disorder.   He  recommended  issuance  of  a  general  discharge  as
recommended by the commander.

On 3 Apr 73, the applicant was discharged from the Air  Force  under
the provisions of AFM  39-12  with  an  under  honorable  conditions
(general) discharge in the grade of  airman  first  class.   He  was
credited with 2 years, 9 months, and 20 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed this application and  indicated
that as  medical  history  records  are  prepared  from  information
provided by the individual, it is equally  difficult  to  understand
how or why this particular history should not be considered valid in
spite of the inaccurate SSN upon which the appeal is based.  The SSN
is different in the last four digits compared to the applicant’s but
other  than  this,  he  provides  no  corroborative  statements   or
information to support his claim.  A clerical error  recording  this
different number does not in and of itself prove  that  the  history
does  not  relate  to  the  applicant,  and  barring  provision   of
substantiating evidence to the contrary,  it  must  be  assumed  the
history does, indeed, refer to the applicant.  The  applicant  feels
it is possible that someone  else’s  history  is  reported  by  this
paragraph, someone who would have to have come from the same unit of
assignment recorded next to the SSN, and treated in the same medical
facility as he on return from his Philippine  station.   Applicant’s
discharge for the  reported  character  and  behavior  disorder  was
appropriate and no evidence is found to identify  him  as  having  a
psychiatric disorder that would have warranted presentation  to  the
disability evaluation system.  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 C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and stated that his main
complaint is that his medical records state that he did heavy  drugs
as a young person as young as 15 and up before his  enlistment  into
the Air Force.  He had not tried or experimented with drugs until he
was sent to Clark AB, Philippines.  His only  problem  was  alcohol.
He asked to stay at Dover AFB, Delaware, but his request was refused
with no explanation and he was sent to Clark AB.  After a  month  in
the Philippines, letters from home told him how hard his mother  and
brother  were  trying  to  cope  on  their   own   financially   and
psychologically.  He started drinking heavily which led him to start
going downtown which then led him to drugs and then  to  going  AWOL
because he did not care anymore about his life in the military.   He
thought about stopping drugs but was too addicted to do  it  on  his
own so he turned himself in and asked for help, which  he  got.   He
now lives on social security disability which was all  started  with
the Air Force sending him to a drug infested situation.

Applicant’s complete response is attached at Exhibit E.

_________________________________________________________________

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.    Sufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  After  reviewing  the
circumstances regarding the medical  record  in  question,  it  does
appear that the SSN is not the applicant’s.  In  addition,  we  note
that the information in the History section of the record appears to
be inaccurate as the applicant’s record does not reveal  he  was  in
Southeast Asia.  In view of the above determinations,  we  recommend
the clinical record, dated 26 Mar 73, be removed from his record and
sequestered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of  the  Air  Force
relating to APPLICANT, be corrected to show that Standard Form  502,
Clinical Record, Register No., dated 26 Mar 73, be removed from  his
records and sequestered.

_________________________________________________________________










The following members of the Board considered  this  application  in
Executive Session on 26 July 2001, under the provisions of  AFI  36-
2603:

                  Mr. Patrick R. Wheeler, Panel Chair
                  Ms. Martha Maust, Member
              Ms. Dorothy P. Loeb, Member

All members voted to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 16 Mar 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, dated 7 May 01.
     Exhibit D.  Letter, AFBCMR, dated 1 Jun 01.
     Exhibit E.  Letter fr applicant, dated 8 Jun 01.




                                   PATRICK R. WHEELER
                                   Panel Chair


AFBCMR 01-00875




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of  the  Air
Force Board  for  Correction  of  Military  Records  and  under  the
authority of Section 1552, Title 10, United States  Code  (70A  Stat
116), it is directed that:

      The pertinent military records of the Department  of  the  Air
Force relating to , be corrected to show  that  Standard  Form  502,
Clinical Record, Register No., dated 26 March 1973, be,  and  hereby
is, removed from his records and sequestered.







                                                           JOE    G.
LINEBERGER
                                                         Director
                                                          Air  Force
Review Boards Agency