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AF | BCMR | CY2003 | BC-2002-03053
Original file (BC-2002-03053.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03053
                                        (Case 2)
            INDEX CODE:  108.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be changed to a disability discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to a pre-service left wrist injury, he was issued a waiver  during
basic training.  Subsequent to basic training, he was  assigned  heavy
lifting that resulted in his back, neck and wrist being injured.

He has suffered since his discharge  because  of  his  back  and  neck
injuries and the aggravation to his left wrist.  He was forced out  of
the Air Force injured and did not get due process.  He is currently on
Social Security disability as a result of his military injuries.

In support of his request, the applicant submits copies of a Record of
Inpatient  Treatment  and  a  Standard  Form  502,  Narrative  Summary
(Clinical  Resume).   The  applicant’s   complete   submission,   with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 29 Apr
85 for a period of six years.  He was progressively  promoted  to  the
grade of airman first class (E-3), with an effective date and date  of
rank of 13 Jun 85.

On 18 Aug 86, the applicant received notification that  he  was  being
recommended for discharge for conditions that interfere with  military
service, character and behavior disorder.  The reason for this  action
was due to his mental health evaluation of 16 Jun 86.   The  applicant
acknowledged receipt of the notification; he  consulted  with  counsel
and submitted a written statement in his behalf.  On 30  Sep  86,  the
discharge authority approved the recommended separation  and  directed
that the applicant be issued an honorable discharge.

The  applicant  was  honorably  discharged  on  7 Oct  86  under   the
provisions of AFR  39-10  (conditions  that  interfere  with  military
service-not  disability-character  and  behavior  disorder).   He  had
completed a total of 1 year, 5 months and 3 days and  was  serving  in
the grade of airman basic (E-1) at the time of discharge.
_________________________________________________________________

AIR FORCE EVALUATIONS:

The AFBCMR Medical Consultant recommends the  application  be  denied.
The  AFBCMR  Medical  Consultant  states  that  ongoing   occupational
difficulties  led  to  referral  for  mental  health  evaluation   and
diagnosis of  a  personality  disorder  that  rendered  the  applicant
unsuitable for continued service in the  Air  Force.   His  back  pain
began in Dec  85  without  specific  injury  that  persisted  for  the
remainder of his time on active duty prompting numerous clinic visits,
courses   of   physical   therapy,   duty   restrictions    and    two
hospitalizations.  A medical record entry, dated 29  Aug  86,  reports
that the orthopedic surgeon felt that the applicant’s  back  pain  was
functional in origin,  i.e.,  due  to  or  aggravated  by  psychologic
factors.  An emergency record, dated 8  Jul  85,  indicates  that  the
applicant re-injured  his  wrist  while  playing  basketball  and  was
diagnosed with a sprain.  He had infrequent medical record entries for
his wrist.  On 4 Jan 86, the applicant strained  his  neck  washing  a
truck and was placed on a temporary physical profile during the period
6-13 Jan 86.  Following discharge from the Air  Force,  the  applicant
filed a claim for disability with the Veterans Administration (VA) for
fractured left wrist, speech problem, cervical and low back  pain  and
neuropsychiatric problem.  A VA  Rating  Decision,  dated  1  Dec  86,
denied his claim for service connected disability finding relating  to
the aforementioned.  A VA evaluation in Feb 87  suspected  personality
disorder, but indicated overall good functioning without  evidence  of
mental illness.   Subsequent  to  his  discharge,  the  applicant  was
employed by McDonnell Douglas for five years.  Beginning in 1993,  the
applicant experienced problems with depression and in subsequent years
(no later than 1997) psychotic symptoms requiring treatment with anti-
psychotic medications, antidepressants and counseling.  As  a  result,
he has been unemployed and at  times  homeless.   The  AFBCMR  Medical
Consultant states that the  evidence  of  record  indicates  that  the
applicant’s back pain, neck pain, stuttering and wrist  pain  did  not
warrant referral into the  Air  Force  Disability  Evaluation  System.
Personality disorders are life-long patterns of maladjustment  in  the
individual’s   personality   structure   which   are   not   medically
disqualifying or unfitting, but may render the  individual  unsuitable
for further military service and may be the 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.   The   AFBCMR   Medical
Consultant evaluation is at Exhibit C.


HQ AFPC/DPPD recommends the application be denied.  DPPD  states  that
the decision to process  a  member  through  the  military  disability
evaluation system (DES) is determined by a  Medical  Evaluation  Board
(MEB)  when  the  member  is  determined  disqualified  for  continued
military service.  The decision to conduct  an  MEB  is  made  by  the
medical treatment facility providing health care to the  member.   The
applicant’s Mental  Health  Evaluation  diagnosed  him  with  a  mixed
Personality  Disorder  with  anti-social,  paranoid  and  narcissistic
features.  Department of Defense (DoD) policy states that  Personality
and Adjustment Disorders do not constitute a physical disability under
the provisions of federal disability laws  and  policy,  and  are  not
ratable or compensable under Title  10,  USC.   These  conditions  are
considered  unsuiting  rather  than  unfitting.   A  review   of   the
administrative discharge package was  completed  by  the  local  Staff
Judge Advocate and found legally sufficient to  support  the  proposed
discharge action.  According to the  applicant’s  records,  treatments
for his back pain, neck pain and wrist pain were not severe enough  to
warrant his referral to the  Air  Force  DES.   Medical  documentation
appears to reflect the applicant was reasonably capable of  performing
the duties of his office, grade, rank or rating  right  up  until  his
release from active  duty.   USAF  disability  boards  can  only  rate
unfitting medical  conditions  based  upon  the  individual’s  medical
status at the time of their evaluation; in essence, a snapshot of  the
condition at that time.  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.   The  HQ
AFPC/DPPD evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant  on  4
Apr 03 for review and response.  As of this date, no response has been
received by this office (Exhibit E).
_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we  agree  with  the  opinions  and  recommendations  of  the
respective Air Force offices 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.   The
discharge appears to be in compliance with  the  governing  Air  Force
regulation and we find no evidence to indicate that his administrative
separation from the Air Force was inappropriate.  In view of the above
and absent 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 Docket  Number  BC-2002-
03053 in Executive Session on 22 May 03, under the provisions  of  AFI
36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Laurence M. Groner, Member
                  Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 Sep 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 4 Mar 03.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 2 Apr 03.
   Exhibit E.  Letter, SAF/MRBR, dated 4 Apr 03.




                                   RICHARD A. PETERSON
                                   Panel Chair

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