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AF | BCMR | CY2003 | BC-2002-01816
Original file (BC-2002-01816.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01816
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His administrative separation be changed to a medical discharge and
all lost benefits be restored.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The administrative separation  has  caused  him  irrefutable  harm,
mentally, physically, financially and socially.  He feels  that  it
was an inhumane careless oversight and  lack  of  concern  for  the
medical department to carelessly  and  systematically  execute  his
discharge as they did.

In support of his appeal, applicant provided a  personal  statement
and excerpts from his VA benefits package.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29  March  1965,  in
the grade of airman basic (AB/E-1).  He was progressively  promoted
to the grade of airman third class (A3C/E2) with an effective  date
and date of rank of 20 May 65.

On 28 Jul  65,  the  squadron  commander  initiated  administrative
discharge  action  against  the  applicant.   The  reason  for  the
proposed action  was  that  the  applicant  was  evaluated  at  the
Neuropsychiatric Clinic, Base Hospital, --- AFB --,  and  diagnosed
with  a  personality  disorder  which  necessitated  that   he   be
reprofiled from “1” to “4” under Stability.  He was recommended for
administrative separation.   The  commander  recommended  that  the
applicant be given an honorable  discharge.   On  that  same  date,
applicant acknowledged receipt of the discharge  notification.   On
4 Aug 65, after consulting  with  counsel,  applicant  declined  to
submit statements in his own behalf.  On 11 Aug 65,  the  discharge
authority  approved  the  administrative  discharge  with   service
characterized as honorable.

On 19 Aug 65, applicant  was  discharged  under  the  provision  of
AFR 39-16 and  furnished  a  DD  Form  256AF,  Honorable  Discharge
Certificate.

___________________________________________________________________

AIR FORCE EVALUATION:

The  AFBCMR  Medical  Consultant  states  that  the  applicant  was
administratively separated on 16 August 1965, after  4  months  and
21 days  on  active  duty  and  after  being  identified   with   a
personality  disorder.   He  indicated  that  the   applicant   had
completed basic training and while awaiting the start of  technical
training was noted to have difficulties with duty  performance  and
meeting standards of personal appearance (uniform) and neatness  of
his barracks area.  He had  been  experiencing  frequent  headaches
beginning shortly after entering the service that were felt  to  be
of  a  musculoskeletal,  psycho  physiological  reaction   to   his
situation in the military manifested by  tension  headaches.   Upon
evaluation  by  the  Neuropsychiatric  Service  on  14,   15,   and
20 Jul 65, he was documented with symptoms of depression related to
situational stressors of difficulty adjusting to  military  service
and  separation  from  his  family.   His   final   diagnosis   was
Emotionally Unstable Personality, passive  dependent  type  (DSM  I
nomenclature)  and  administrative  discharge  for   an   unsuiting
condition was recommended.  Applicant denied a history of headaches
or depression on his enlistment exam.   His  final  diagnoses  were
personality disorder (in the accepted  diagnostic  nomenclature  of
that time) that underpinned his  situational  depressive  symptoms.
In  today’s  nomenclature,  his  situational  depression  would  be
diagnosed as an Adjustment Disorder with  depressed  mood  with  an
underlying  personality  disorder  or  traits  of   a   personality
disorder.  There is no clear evidence to  support  the  applicant’s
contention that his diagnoses at that time were in error  and  that
he should  have  been  discharged  based  on  his  headaches  or  a
depression diagnosis  through  the  disability  evaluation  system.
Adjustment and  personality  disorders  are  lifelong  patterns  of
maladaptive behavior based on an individual’s personality structure
(thus not a disease)  which  are  not  medically  disqualifying  or
unfitting but may render  the  individual  unsuitable  for  further
military service and may be cause for administrative action by  the
individual’s unit commander.  Action and disposition in  this  case
are proper and  equitable  reflecting  compliance  with  Air  Force
directives that implement the law.   It  is  his  opinion  that  no
change in the records is warranted.

A complete copy of the evaluation is at Exhibit C.

HQ  AFPC/DPPD  reviewed  this  application  and  commented  on  the
applicant’s applicability through the Disability Evaluation  System
(DES) under the provisions of AFM 35-4.  The purpose of the DES  is
to maintain a fit and vital force by separating or retiring members
who are unable to perform the duties of their office,  grade,  rank
or rating.  Those members who are separated or retired by reason of
a physical  disability  may  be  eligible  for  certain  disability
compensation.   The  decision  to  process  a  member  through  the
military DES is determined by a Medical Evaluation Board (MEB) when
he  or  she  is  determined  disqualified  for  continued  military
service.  The decision to conduct an MEB is  made  by  the  medical
treatment facility providing the health care to the member.

In the applicant’s case, his involuntary  administrative  discharge
package in the records includes a Neuro-Psychiatric evaluation that
revealed he had a Personality Disorder  which  precluded  him  from
adapting to his new military surroundings.  The medical  assessment
goes on to state his mental condition showed no physical or  mental
defects warranting separation under the  provisions  of  AFM  35-4.
Their examination revealed no acts of discrimination  or  injustice
during the administrative discharge  process  nor  were  there  any
physical disabilities documented  that  were  serious  enough  that
would have warranted the initiation of an MEB.

Department of Defense policy states that certain conditions such as
Personality and Adjustment Disorders do not constitute  a  physical
disability under the provisions of  military  disability  laws  and
policy and are not ratable or compensable under  Title  10,  United
States Code (USC).  Veterans who  incur  service-connected  medical
conditions while on active duty  are  authorized  compensation  and
treatment from the Department of Veterans Affairs (DVA)  under  the
provisions of Title 38, USC.

They further stated that the  applicant’s  case  file  revealed  no
errors or  irregularities  during  his  involuntary  administrative
discharge process that would  justify  a  change  to  his  military
records.  They further agreed with the  AFBCMR  Medical  Consultant
that no change in the record is warranted in the  narrative  reason
for separation and the application should be denied.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant
on 4 Oct 02 for review and comment within  30  days.   As  of  this
date, no response has been received by this office.

___________________________________________________________________

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.   The  applicant's
complete submission was thoroughly  reviewed  and  his  contentions
were  duly  noted.   However,  we  do  not  find  the   applicant’s
assertions or the documentation presented  sufficiently  persuasive
to warrant a change in his records.  After reviewing  the  evidence
of record, we agree with the opinions and  recommendations  of  the
Air  Force  offices  of  primary  responsibility  and  adopt  their
rationale as the basis for our  decision  that  the  applicant  has
failed to sustain his burden of establishing that he  has  suffered
either an error or an injustice.   Therefore,  in  the  absence  of
sufficient 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 AFBCMR Docket  Number
02-01816 in  Executive  Session  on  4  February  2003,  under  the
provisions of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. John B. Hennessey, Member
      Ms. Martha Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR Medical Consultant, dated 19 Aug 02.
    Exhibit D.  Letter, HQ AFPC/DPPD, dated 25 Sep 02.
    Exhibit E.  Letter, SAF/MRBR, dated 4 Oct 02.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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