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AF | BCMR | CY2002 | 0200975
Original file (0200975.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00975
            INDEX CODE:  108.01
            COUNSEL:  NONE

            HEARING DESIRED:  Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

It appears that the applicant is requesting that item 11C  of  his  DD  Form
214,  be  changed  to  reflect  medical  disability  rather  than   physical
disability.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 was changed to reflect physical  disability.   His  complete
submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular  Air  Force  on  2  Sep  71.   He  was
progressively promoted to the grade of airman first  class,  having  assumed
that grade effective and with a date of rank of 1 Apr 72.  On 1 Dec  72,  he
was honorably discharged  under  the  provisions  AFM  35-4,  by  reason  of
physical disability.  He served 1 year and 3 months on active duty.

The remaining 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 Exhibit C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD reviewed applicant's request and recommends denial.   DPPD  states
that it appears that he does not understand the fact  that  he  received  an
honorable disability discharge that was  effective  1  Dec  72.   A  Medical
Evaluation Board (MEB) was initiated on 27 Sep 72 and the  results  referred
to the Informal Physical Evaluation Board (IPEB)  for  adjudication  of  his
case.   The  IPEB  found  him  unfit  for  military  service  (Schizophrenic
reaction, undifferentiated type, existed prior  to  service  (EPTS)  without
service aggravation) and recommended that he be  discharged  with  severance
pay with a 0 percent disability rating.  The Physical Review  Council  (PRC)
agreed with the diagnosis;  however,  changed  the  final  disposition  from
"discharge with severance pay" to "discharge under other  than  Chapter  61,
Title 10, United States Code."  The  applicant  was  briefed  and  concurred
with both the IPEB  and  PRC  findings.   The  case  was  forwarded  to  the
Secretary of the Air Force Personnel  Council  (SAFPC).   The  SAFPC  agreed
with the findings of the PRC and directed  that  he  be  discharged  without
benefits.

The applicant requested an explanation of  his  whereabouts  the  last  nine
weeks of his active duty.  It appears he was released to  his  home  address
pending results of his ongoing MEB.  The DPPD evaluation is at Exhibit C.

The BCMR Medical Consultant reviewed the applicant's request and  recommends
denial.  The Medical Consultant states that  the  applicant  was  discharged
due to a mental  health  condition  that  disqualified  him  from  continued
military service and that existed prior to  service.   Since  the  condition
existed prior to service, it was not ratable of compensable.   In  addition,
he was diagnosed with schizoid personality disorder,  a  condition  that  is
unsuiting for military service  and  subject  to  administrative  discharge.
When an individual is discharged  due  to  a  medical  condition,  including
health  diagnoses,  but  excluding   unsuiting   mental   health   diagnoses
(personality  disorders,  adjustment  disorders)  the   use   of   "physical
disability" is proper terminology for use on the DD Form 214.  DoD  and  Air
Force regulations specifically define  the  term  "physical  disability"  to
include  mental  health  diagnoses  excluding  those  conditions  considered
"unsuiting."  The applicant states "the injustice was to  have  fallen  from
(health) help."  This suggests that  he  may  have  been  denied  disability
compensation from  the  Department  of  Veterans  Affairs  (DVA)  since  his
condition existed prior to service  and  was  not  service  connected.   The
Medical Consultant evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  19
Jul 02 and 29 Aug 02 for review and comment.  As of this date,  this  office
has received no response.

_________________________________________________________________

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.  Evidence  has  not  been  presented  which
would lead us to believe that his discharge documents are in error  or  that
his disability processing and the final disposition  of  his  case  were  in
error or contrary to the governing Air Force  regulations,  which  implement
the law.  Therefore, 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.  In the absence of 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 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  02-00975  in
Executive Session on 2 Oct 02, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice, Panel Chair
      Mr. Steven A. Shaw, Member
      Mr. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Mar 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 2 Jul 02.
    Exhibit D.  Letter, BCMR Medical Consultant, dated 29 Aug 02.
    Exhibit E.  Letter, SAF/MRBR, dated 19 Jul 02.
    Exhibit F.  Letter, SAF/MRPC, dated 6 Sep 02.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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