RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-1999-01111

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that his undesirable discharge in  1956  be
changed to a medical discharge.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Due to his physical condition, the doctors at ---  AFB,  NY,  said  that  he
would receive a medical discharge with a  30%  disability  rating;  however,
his voluntary early out discharge was dishonored.

The applicant states that the base commander asked him if he would  like  to
volunteer for an early out discharge.  He received his discharge orders  and
was told his discharge and  mustering  out  pay  would  be  mailed  to  him.
However, instead he received orders to report to --- AFB, LA.   He  had  two
days to report which was impossible to do by bus.  He was a day and  a  half
late and was taken to the stockade for 30 days.  He had no hearing or  trial
and the harsh treatment and abuse caused stomach and  back  trouble.   After
his release, he was unable  to  perform  his  duties.   He  met  with  three
doctors at ---- AFB Hospital and was told that he would be  discharged  with
a 30% disability rating.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 21 February  1952  for  a
period of four years.  He was progressively promoted to the grade of  airman
third class.

He was tried by a  summary  court-martial  on  12  September  1952,  on  one
specification of violating Article 86 (Absent without Leave (AWOL))  of  the
Uniform Code  of  Military  Justice  (UCMJ).   Specifically,  for  absenting
himself, without proper authority, from his organization,  on  or  about  25
August 1952.  He pled guilty to the charge.   He was  found  guilty  of  the
charge and sentenced to 15 days confinement at hard labor and forfeiture  of
$50.00.

He was tried by  a  summary  court-martial  on  18  December  1953,  on  one
specification of violating Article  134  of  the  UCMJ.   Specifically,  for
being drunk and disorderly in a public place, on or about 8  December  1953.
He pled not guilty to the charge.   He was found guilty of  the  charge  and
sentenced to forfeiture of $60.00.

He was reassigned from overseas to --- AFB, LA,  with  a  report  not  later
than date of 24 August 1954.

He was tried by a  summary  court-martial  on  21  September  1954,  on  one
specification of violating Article 86 (AWOL)  of  the  UCMJ.   Specifically,
for absenting himself, without proper authority, from his  organization,  on
or about 4 September 1954,  and  remaining  absent  until  on  or  about  15
September 1954.  He pled guilty to the charge.   He was found guilty of  the
charge and sentenced to 30 days confinement at hard labor and forfeiture  of
$60.00.

He was air-evacuated from --- AFB, LA, on 3  February  1955,  to  the  ---th
USAF Hospital at --- AFB, MS, for an anxiety reaction.

On 10 April 1955, he again went AWOL and after a period of 30  days  he  was
dropped  from  the  roles  and  placed  in  a  deserter  status  until   his
apprehention on or about 6 March 1956.

He underwent a psychiatric evaluation on 23 April 1956, which diagnosed  his
condition as an inadequate personality, chronic,  manifested  by  inadequate
responses to intellectual, emotional and social demands,  with  instability,
ineptness, and poor judgment.

He underwent  a  separation  physical  on  23  April  1956,  and  was  found
medically qualified for discharge.

On 8 June 1956,  he  was  discharged  under  the  provisions  of  AFR  39-23
(Desertion  and  Physical  Unfitness),   with   service   characterized   as
undesirable.  He completed  2  years,  5  months,  and  10  days  of  active
service, which excludes 418 days of lost time (AWOL 22 Aug  -8  Sep  52  (18
days), Confinement 9 - 26 Sep 52 (17 days), AWOL 3 - 14 Sep  54  (12  days),
Confinement 15 Sep - 19 Oct 54 (35 days), AWOL 10 Apr - 9 May 55 (30  days),
and dropped from rolls 10 May 55 - 7 Mar 56 (306 days)).

On 31 January 1964, the Air Force Discharge Review Board (AFDRB)  considered
and denied his request to change his discharge.

_________________________________________________________________


AIR FORCE EVALUATIONS:

The BCMR Medical Consultant recommends the application be denied and  states
that the evidence of record established beyond  all  reasonable  doubt  that
the applicant was medically qualified for continued active  duty,  that  the
reason for his  discharge  was  proper,  and  that  no  error  or  injustice
occurred in this case.  While he  was  treated  for  some  ordinary  medical
problems while on active duty, as will occur in most service  members,  none
of these problems singly, nor any combination of  them,  was  of  sufficient
severity to justify an unfit finding.  Furthermore, there is no evidence  to
suggest  that  he  deserved  consideration  for   separation   through   the
Disability Evaluation System.

The BCMR Medical Consultant evaluation is at Exhibit C.

AFPC/DPPD recommends the application be denied and  states,  in  part,  that
the applicant has not submitted any material or documentation to  show  that
he was unfit due to a physical disability at  the  time  of  his  discharge.
Although his records  reflect  that  he  was  treated  for  various  medical
conditions throughout his military career, none appear to have been  serious
enough to warrant that he be entered into the medical disability  evaluation
system.

The AFPC/DPPD evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 24 September 1999 for review and response within 30  days.   On
20 October 1999, his application was  temporarily  withdrawn  in  accordance
with his 14 October 1999 request.

In an application, dated 25 July 2002, the applicant provided  his  response
to the evaluations in which, he states, in part, that his physical  problems
include congenital back  problems  and  continuous  and  persistent  stomach
problems which made his military  service  time  problematic  and  his  duty
sporadic.  He was expecting to receive an early out  discharge  and  instead
was reassigned to --- AFB, LA, without proper allowance being given.

The applicant’s complete response, with attachments, is at Exhibit H.

_________________________________________________________________

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.  After a thorough review  of  the  evidence
of record  and  applicant’s  submission,  we  are  not  persuaded  that  his
discharge should be changed.  The offices  of  primary  responsibility  have
adequately  addressed  applicant’s  contentions  and  we  agree  with  their
opinions and adopt the rationale expressed as the  basis  for  our  decision
that the applicant has failed to sustain his burden  that  he  has  suffered
either an error or an injustice.  Hence, we  find  no  compelling  basis  to
recommend granting the relief sought.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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  BC-1991-01111
in Executive Session on 21 August 2003, under  the  provisions  of  AFI  36-
2603:

                       Ms. Patricia D. Vestal, Panel Chair
                       Ms. Martha J. Evans, Member
                       Mr. E. David Hoard, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Apr 99, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 20 Jul 99.
    Exhibit D.  Letter, AFPC/DPPD, dated 9 Sep 99.
    Exhibit E.  Letter, SAF/MRBR, dated 24 Sep 99.
    Exhibit F.  VA Form 21-4138, dated 14 Oct 99.
    Exhibit G.  Letter, AFBCMR, dated 20 Oct 99.
    Exhibit H.  DD Form 149, dated 25 Jul 02, w/atchs.




                                   PATRICIA D. VESTAL
                                   Panel Chair