RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00025
INDEX NUMBER: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he incurred a service-connected
illness while on active duty and was medically discharged.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While serving on active duty in the Panama Canal Zone in 1975, he became
sick and still has to see doctors for his illness.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force for a period of four years
on 5 December 1973.
The applicant received a Letter of Reprimand (LOR) on 4 December 1974 for
failing to report to duty on 28 November 1974, after sick call. An
Unfavorable Information File (UIF) was established on 9 December 1974, and
a copy of the LOR filed therein.
The applicant was notified on 2 May 1977, of his commander’s intent to
impose nonjudicial punishment under Article 15 of the Uniform Code of
Military Justice (UCMJ) for violation of Article 134 (Conduct Prejudicial
to Good Order and Discipline). Specifically, for being disorderly in
station, on or about 19 April 1977, at Richards-Gebaur AFB, Missouri. The
applicant did not consult counsel, accepted the nonjudicial punishment, and
did not submit oral or written matters to his commander for consideration.
The commander imposed the nonjudicial punishment on 4 May 1977, which
consisted of reduction to the grade of airman first class and forfeiture of
$110.00. However, the reduction in grade was suspended until 29 July 1977,
at which time it would be remitted without further action.
On 28 June 1977, the applicant requested voluntary separation under the
Fiscal Year 1977 (FY77) Airman Voluntary Early Separation Program.
The applicant underwent a separation physical on 15 August 1977, during
which he denied any medical problems and was found qualified for
separation.
The applicant was honorably discharged on 22 August 1977 under the
provisions of AFR 39-10. He completed 3 years, 8 months, and 18 days of
active service.
_________________________________________________________________
AIR FORCE EVALUATIONS:
The Chief Medical Consultant, AFBCMR, recommends the application be denied
and states, in part, that the records failed to show any evidence of
chronic medical or psychological problems that would have brought the
applicant to the attention of the Disability Evaluation System (DES), and
his separation was completed without error or injustice. Furthermore, the
applicant has provided no documentation from the Department of Veterans
Affairs (DVA) to indicate that he is being treated for any problems. No
evidence exists for any service-connected disorders upon which to base
favorable consideration.
The Chief Medical Consultant evaluation is at Exhibit C.
AFPC/DPPD recommends the application be denied and states, in part, that
the outcome of the physical examination coupled with the applicant’s
performance reports clearly show that he was reasonably capable of
performing all assigned military duties right up until his discharge. In
addition, during the completion of his medical history statement completed
at the time of his separation physical, he rated his health as good. The
mere presence of a physical defect or condition does not automatically
qualify an individual for disability retirement or separation. The
physical defect or condition must render the member unfit for continued
military service. The applicant has not provided any evidence to show that
he was unfit due to a physical disability.
The AFPC/DPPD evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Copies of the Air Force evaluations was forwarded to the applicant on 22
March 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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinions and recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice. There
being insufficient evidence to the contrary, 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 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 02-00025 in
Executive Session on 16 May 2002, under the provisions of AFI 36-2603:
Mr. Jackson A. Hauslein, Panel Chair
Ms. Diana Arnold, 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 12 Feb 02.
Exhibit D. Letter, AFPC/DPPD, dated 14 Mar 02.
Exhibit E. Letter, SAF/MRBR, dated 22 Mar 02.
JACKSON A. HAUSLEIN
Panel Chair
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