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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