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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