RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: 02-02270
INDEX CODE 108.01 108.03
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 2 Sep 76 administrative discharge be changed to a medical
discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was fit when he enlisted. He was diagnosed with organic brain
syndrome while on active duty. His military performance problems were
due to his organic brain syndrome and should have formed the basis for
medical, not administrative, discharge. While the military medical
examiners contend his syndrome was related to a 1972 head injury, that
should not relieve the Air Force of responsibility once he was found
fit for enlistment. His condition was aggravated by his active duty.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
On 2 Dec 72 at age 16, the applicant was struck by a car while
crossing a street. He sustained multiple injuries including severe
head trauma that resulted in a right subdural hematoma (large
collection of blood inside the skull that compresses the brain), which
required surgery.
He reported his head trauma on his enlistment physical exam, dated 14
Apr 75. The applicant enlisted in the Regular Air Force on 18 Nov 75.
He completed basic military training (BMT). He was originally selected
for training in avionics but was eliminated because he was unable to
pass the academic requirements. His failure was attributed to his
short attention span, poor memory, slow progress and repeated sleeping
in class. He was transferred to fuels but demonstrated difficulties
with memory and never finished tech school. He was assigned to
custodial tasks but required close supervision and had difficulty
adjusting to the military environment.
After self-inflected skin burn lesions, he was referred for a
neurological reevaluation. A 28 May 76 neurological reevaluation
opined that the Dec 72 injury produced brain contusion resulting in
very mild impairment of the right cerebral hemisphere, manifested by
slight awkwardness of his left side. However, from a neurological
point of view, he presented no significant physical or intellectual
disability as a result of the injury.
According to a 17 Jun 76 hospital summary, the applicant was
hospitalized at McConnell AFB, KS for psychiatric evaluation when his
behavior became worse. Diagnosis was organic brain syndrome. He was
referred and admitted to the hospital at Sheppard AFB, TX, on 30 Jun
76 for further psychiatric evaluation and final recommendation. A 23
Jul 76 Sheppard hospital entry reflects no significant psychopathology
and a diagnosis of organic brain syndrome supported by history of
severe head injury and consequent significant brain surgery.
Administrative separation was recommended.
The applicant was honorably discharged on 2 Sep 76 in the grade of
airman with 9 months and 15 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant states that the applicant had an organic
brain syndrome, which existed prior to service (EPTS). Although his
head injury was cause for rejection for enlistment, he was allowed to
enlist since he appeared normal on the entrance examination. His
condition, manifested by attention span and memory difficulties
significantly interfered with his duty performance. His condition did
not qualify him for disability discharge because it was found to have
EPTS and was not aggravated by service. Therefore, his condition is
not compensable. Had he undergone medical evaluation board (MEB) and
physical evaluation board (PEB) processing, his condition would have
been determined to have EPTS without service aggravation, resulting in
discharge without compensation. Disposition of this case was proper
and the requested relief should be denied.
A complete copy of the evaluation is at Exhibit C.
HQ AFPC/DPPRS notes the applicant reported his head trauma on his
enlistment physical form prior to entering active duty. He was
medically evaluated, including microsurgical and psychiatry
evaluations in Jun and Jul 76, and was diagnosed with organic brain
syndrome as a result of the 1972 injury. The request should be denied
as there is no error or injustice.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 27 Sep 02 for review and comment within 30 days. 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 to warrant changing the
applicant’s administrative discharge to a medical discharge. The
applicant sustained a severe head trauma when a car struck him in
1972. Shortly after enlisting in the Air Force in 1975, he began
exhibiting mild symptoms of neurological impairment. As his condition
worsened, he was diagnosed with organic brain syndrome caused by the
1972 head trauma and brain surgery. He appeared normal at the time of
his entrance exam and was therefore allowed to enlist. Sadly, his
condition worsened but the record does not show, and the applicant has
not demonstrated, that his 9 months and 15 days of military service
aggravated the disorder. As a result, his medical condition was
ineligible for compensation under the Air Force disability system. We
truly sympathize with the applicant’s unfortunate situation; however,
his organic brain syndrome clearly existed prior to service and he has
not established that military service, rather than the likely
progression of his disorder, aggravated his condition. We therefore
agree with the rationale and recommendations of the AFBCMR Medical
Consultant and the Air Force that the applicant has failed to sustain
his burden of having suffered either an error or an injustice. In view
of the above and absent persuasive 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 this application in
Executive Session on 19 December 2002 under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Vice Chair
Ms. Martha J. Evans, Member
Ms. Diane Arnold, Member
The following documentary evidence relating to AFBCMR Docket Number 02-
02270 was considered:
Exhibit A. DD Form 149, dated 9 Jul 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated 26 Aug 02.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 18 Sep 02.
Exhibit E. Letter, SAF/MRBR, dated 27 Sep 02.
THOMAS S. MARKIEWICZ
Vice Chair
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