RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02398
INDEX NUMBER: 100.00
COUNSEL: NTL VETS LEGAL SVC PRGM
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that on 19 September 1981 he was
discharged by reason of physical disability based on his psychiatric
problems.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal are at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the letters prepared by the
appropriate offices of the Air Force at Exhibits C and D.
_________________________________________________________________
AIR FORCE EVALUATIONS:
The BCMR Medical Consultant recommends the application be denied and
states, in part, that a diagnosis of personality disorder is an unsuiting
condition and often results in administrative separation and prevents
reenlistment; however, the applicant’s DD Form 214 indicates that he
separated at the end of his enlistment and was given a reenlistment code
that would have allowed his reenlistment. Furthermore, although the
diagnosis of personality disorder is an unsuiting condition, it is not a
ratable unfitting condition under the disability system and would not
result in a medical discharge.
The BCMR Medical Consultant’s evaluation is at Exhibit C.
AFPC/DPPD recommends the application be denied and states, in part, that
although the applicant was diagnosed with a personality disorder in April
and June of 1981, there was no evidence of mental defect, emotional illness
or psychiatric disorder to warrant disposition through military medical
channels. Furthermore, his separation physicial examination conducted on
24 August 1981, qualified him for worldwide separation. The applicant has
not submitted any documentation to show that he was unfit due to a
physicial disability at the time of his voluntary separation.
The AFPC/DPPD evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 7 June 2002 for review and comment within 30 days. 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 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 Air Force. The offices of primary
responsibility have adequately addressed applicant’s contentions and we
agree with their opinions 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. Hence, we find no
compelling basis to recommend granting the relief sought.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. 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 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 01-02398 in
Executive Session on 25 July 2002, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Billy C. Baxter, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Dec 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 11 Apr 02.
Exhibit D. Letter, AFPC/DPPD, dated 10 May 02.
Exhibit E. Letter, SAF/MRBR, dated 7 Jun 02.
RICHARD A. PETERSON
Panel Chair
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