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AF | BCMR | CY2002 | 0102637
Original file (0102637.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02637
            INDEX CODE:  108.01
            COUNSEL:  NONE

            HEARING DESIRED:  Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect  that  he  was  discharged  for  medical
reasons.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged for a medical condition that was not properly  documented.
 His medical records did not properly document a laceration  injury  to  his
right eye and severe back pain he received as result of  an  accident.   The
military medical records that have been  provided  to  him  do  not  provide
sufficient information about the injuries, which resulted in denial  of  his
service connected disability claim by the  Department  of  Veterans  Affairs
(DVA).  He was hospitalized and placed in traction for a period of time  and
was placed on light duty based on the injuries, until  his  discharge.   His
records indicate "Myositis acute," however his severe back  pain  was  never
diagnosed as Myositis during his period of active duty.

In support of his request applicant provided a copy of his DD Fm 214,  Armed
Forces of the United States Report of  Transfer  or  Discharge;  a  personal
statement, and extracts from his medical records.  His complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 12 Jan 61.  On 23 Feb 62,  he
was notified by his  commander  of  his  intent  to  recommend  that  he  be
discharged from the Air Force under the provisions of AFR 39-16, Section  B,
and  provided  a  general  (under  honorable  conditions)  discharge.    The
specific reason for this action was his attitude and inability to  adapt  to
the ways of the Air Force.  On 5 Mar 62, the applicant was interviewed by  a
discharge  Evaluation  Officer  who  recommended  that   he   be   honorably
discharged from the Air Force.   The  applicant  elected  not  to  submit  a
statement on his own behalf.  On 9 Mar 62,  applicant  was  discharged  from
the Air Force and furnished an Honorable Discharge certificate.   He  served
1 year, 1 month, and 28 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD, reviewed applicant's request and recommends denial.  DPPD  states
that his contention that he was never properly informed of  the  reason  for
his discharge is contradicted in a letter from  his  unit  commander,  which
clearly reflects his proposed action for  an  administrative  discharge.   A
statement from him, dated 5 Mar 62,  acknowledges  receipt  of  the  ongoing
administrative action and his election not to submit a statement on his  own
behalf.  A medical examination completed on 24 Feb 62  for  the  purpose  of
his administrative discharge revealed no significant findings and  indicates
no severe or chronic medical problems existed at that time.   Comments  also
stipulate the examination found no mention of back problems, which may  have
warranted action under disability evaluation system.   He  has  provided  no
material of documentation to show an inadequacy in his medical or  personnel
records that  would  require  inclusion  of  non-existent  medical  data  or
correction of his administrative  discharge.   The  DPPD  evaluation  is  at
Exhibit C.

The BCMR Medical Consultant  reviewed  applicant's  request  and  recommends
denial.  The Medical Consultant states that while it is true he was  briefly
hospitalized with "acute myositis," an  inflammatory  muscular  soreness  in
his lower back, he was not diagnosed with  any  condition  that  would  have
warranted consideration in the disability system and his discharge  physical
examination on 23 Feb 62 found him qualified for  duty  or  separation.   He
has been treated for a  disc  herniation  in  his  lumbar  spine  since  his
discharge, but this was not a diagnosis while on active duty.   The  Medical
Consultant Evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and states that there is no limit as to when  a  veteran
can file a medical claim.  He was discharged because of a weight  management
problem and a lower back condition, which was the result  of  an  automobile
accident.   During  his  discharge  processing,  none  of  his  rights  were
explained to him.  He  is  not  privileged  to  any  information  concerning
inaptitude and failure to progress.  He doesn't recall having  any  problems
at work or with those he  worked  with.   He  and  the  DAV  found  numerous
inconsistencies within his medical records, which  include,  missing  dates,
missing times, and hospital  visits  were  incorrect.   He  has  lived  with
unnecessary discomfort and pain due to the error in his  type  of  discharge
and improper guidance the military has provided.  In further support of  his
request, applicant provided a personal statement.  His complete  submission,
with attachments, is at 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.   We  took  notice   of   the
applicant's complete submission in judging the merits of the case;  however,
we are not persuaded by the evidence provided that the reason and  authority
for his discharge from the Air Force were inappropriate  or  erroneous.   We
see no evidence which would lead us to believe that  a  physical  disability
existed at the time of his separation that would have disqualified him  from
worldwide military service.  Therefore, since there  were  no  disqualifying
medical conditions at the time of his separation, we see no  reason  why  he
would have been eligible for  consideration  in  the  disability  evaluation
system.  In the absence of persuasive evidence to the contrary, we  find  no
compelling  basis  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  Docket  Number  01-02637  in
Executive Session on 10 Apr 02, under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Albert F. Lowas, Jr., Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Sep 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 Jan 02.
    Exhibit D.  Letter, BCMR Medical Consultant, dated 28 Dec 01.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Feb 02.
    Exhibit F.  Letter, Applicant, dated 14 Feb 02. w/atchs.




                                             CHARLENE M. BRADLEY
                                             Panel Chair

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