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AF | BCMR | CY2002 | 0102398
Original file (0102398.doc) Auto-classification: Denied

                            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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