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AF | BCMR | CY2001 | 0102151
Original file (0102151.doc) Auto-classification: Denied

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 01-02151 and
                           86-02738
            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded and he be medically discharged.

_________________________________________________________________

STATEMENT OF FACTS:

At the age of 18, the applicant enlisted in the Regular  Air  Force  in  the
grade of private on 6 January 1950, for a period of four years.

On 7 December 1950, a summary court-martial found the  applicant  guilty  of
violating  Article  96  (General  Article)   of   the   Articles   of   War.
Specifically,  for  being  drunk  in  public  on  17  November  1950.    The
punishment consisted of forfeiture of $25.00 and 30 days of hard labor.

On 26 May 1952, a  summary  court-martial  found  the  applicant  guilty  of
violating Article 134 (General Article) of  the  Uniform  Code  of  Military
Justice (UCMJ).  Specifically, for being drunk in public  on  11  May  1952.
The punishment consisted of forfeiture of $35.00 and 45 days of hard labor.

On 27 April 1953, a summary court-martial  found  the  applicant  guilty  of
violating Article 86 (Absence without Leave  (AWOL)),  UCMJ.   Specifically,
for failing to go to his appointed place of duty  on  23  April  1953.   The
punishment consisted of forfeiture of $30.00 and 30 days of hard labor.

The applicant received a psychiatric evaluation on  19  June  1953  and  was
found to have a  character  disorder  (i.e.,  anti-social  personality  with
immaturity features), rather than a mental disease.





A Board of Officers convened on 29 July 1953, to determine  the  applicant’s
fitness for retention in the Air Force,  and  the  applicant  appeared  with
counsel.  The board found that the applicant gave evidence of habits,  other
than those  indicating  discharge  for  physical  or  mental  conditions  as
provided for in AFR 35-49, which  rendered  his  retention  in  the  service
undesirable and applicant unfit for further  military  service.   The  board
recommended  he  be   discharged   because   of   unfitness   with   service
characterized as undesirable.

The applicant suffered a grand mal epileptic seizure  in  August  1953,  and
was hospitalized at Travis AFB, California for a period of two months.

The applicant received a separation physical on 16  October  1953,  and  was
found medically qualified for discharge.

On 29 October 1953, the applicant was discharged  under  the  provisions  of
AFR 39-17  (Unfitness),  with  service  characterized  as  Undesirable.   He
completed 3 years, 6 months, and 23 days of active service, with 90 days  of
lost time.

On 19 February 1987, the  Board  considered  applicant’s  request  that  his
undesirable discharge be changed to general  (under  honorable  conditions).
The Board found the application was not timely filed, and that it would  not
be in the interest of justice to waive the untimeliness.   Accordingly,  the
Board denied the application on the basis of timeliness.   A  complete  copy
of the Record of Proceedings is at Exhibit G.

In  an  application,  dated  24   July   2001,   the   applicant   requested
reconsideration  of  his  appeal  and  provided  additional  evidence.   The
applicant contends that at the time of his discharge, he was suffering  from
epilepsy, grand mal, and should have been medically discharged.  Applicant’s
complete submission, with attachments, is at Exhibit H.


_________________________________________________________________

AIR FORCE EVALUATIONS:

The BCMR  Medical  Consultant  recommends  the  application  be  denied  and
states,  in  part,  that  lacking  pertinent   information   regarding   the
applicant’s history of epilepsy, they must  assume  on  the  presumption  of
regularity that the two-month hospitalization at Travis  AFB  prior  to  his
discharge provided a thorough evaluation  of  his  condition  and  concluded
that he did not have a medical  condition  which  would  require  disability
consideration.  There are no post-service records of care  for  epilepsy  to
know whether this has been a continuing problem.   If  a  medical  condition
was found prior  to  his  separation  that  would  have  led  to  disability
consideration, the discharge may  have  been  considered  as  a  dual-action
process, and the applicant may have received an Under Other  Than  Honorable
Conditions (UOTHC) discharge in  lieu  of  a  medical  disability  discharge
because of his long record of disciplinary  infractions  and  courts-martial
actions.

The BCMR Medical Consultant’s evaluation is at Exhibit I.

AFPC/DPPD recommends the application be denied.  AFPC/DPPD states, in  part,
that the applicant has not submitted any documentation to show that  he  was
unfit due to a physical  disability  at  the  time  of  his  separation.   A
medical examination was completed on the applicant prior to his  separation,
and no complications or sequelae were evident following his seizure  and  he
was  medically  qualified  for  discharge.   The  applicant’s  court-martial
records indicate  that  a  psychiatric  evaluation  showed  no  evidence  of
psychiatric disease, and the applicant’s behavior  and  mental  status  were
considered that of a character disorder, and not a mental disease.  At  that
time, he was diagnosed to possess an anti-social personality  with  immature
features.  There are no errors or  irregularities  regarding  his  discharge
that would justify a change to his military records.

The AFPC/DPPD evaluation is at Exhibit J.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on  12  October  2001  for  review  and  response  with  30  days.
However, 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
evidence of record and applicant’s submission, we  are  not  persuaded  that
relief should be granted.  Applicant’s contentions are duly noted;  however,
we do  not  find  these  assertions,  in  and  by  themselves,  sufficiently
persuasive to override the rationale provided by  the  offices  of  the  Air
Force.  The offices of  primary  responsibility  have  adequately  addressed
applicant’s   contentions   and   we   agree   with   their   opinions   and
recommendations.  We, therefore, 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.   Hence,  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  Docket  Number  01-02151  in
Executive Session on 6 March 2002, under the provisions of AFI 36-2603:

                  Mr. Lawrence R. Leehy, Panel Chair
                  Mr. Mike Novel, Member
                  Mr. Thomas J. Topolski, Jr., Member

The following documentary evidence was considered:

    Exhibit G.  Record of Proceedings, w/atchs.
      Exhibit H.  DD Form 149, dated 24 Jul 01, w/atchs.
    Exhibit I.  Letter, BCMR Medical Consultant, dated 6 Sep 01.
    Exhibit J.  Letter, AFPC/DPPD, dated 4 Oct 01.
      Exhibit K.  Letter, SAF/MIBR, dated 12 Oct 01




                                   LAWRENCE R. LEEHY
                                   Panel Chair

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