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AF | BCMR | CY2002 | BC-2002-02270
Original file (BC-2002-02270.doc) Auto-classification: Denied

                            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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