RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03867
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be changed to a medical
disability discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He went Absent Without Leave (AWOL) while in French Morocco, North Africa,
because of stress. He was given 30 days of hard labor. After his
confinement, he could not handle his duties and was sent back to the
states. He was never given a physical prior to his discharge from the Air
Force.
Applicant provides a copy of his DD Form 214. The applicant’s submission,
with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 February 1955, the applicant enlisted in the Regular Air Force in the
grade of airman basic (E-1) at the age of 18 with parental consent for a
period of 4 years.
On 18 May 1956, he was charged with failure to go at the time prescribed to
his appointed place of duty on or about 16 May 1956. On this same date, he
was charged with being drunk in station. For these incidents, he was
convicted by a summary court-martial. He was sentenced to be reduced in
the grade of basic airman and to forfeit fifty-five dollars ($55) of his
pay.
On 28 June 1956, the applicant was charged with being drunk and disorderly
on or about 19 June 1956. For this incident, he was tried and convicted by
a summary court-martial. He was ordered to perform hard labor for thirty
(30) days and to forfeit fifty-five dollars ($55) of his pay.
On 18 September 1957, a physical examination was performed by the unit
Flight Surgeon who found the applicant within normal limits and mentally
competent.
On 23 September 1957, a psychiatric statement was issued by a
Neuropsychiatric Clinic, with a diagnosis of emotional instability
reaction, chronic moderate, characterized by disciplinary action; stress
minimal, routine military duty; predisposition moderate; impairment for
military duty marked, moderate impairment for civilian, social and
industrial activities. The recommendation was that the applicant
apparently was unable to adjust maturely to authority and unable to
tolerate routine work. However, it was the examiner’s opinion that he was
mentally competent and responsible for his acts and there was no medical
reason for his discharge.
On 8 October 1957, in accordance with AFR 39-16, the commander initiated
discharge proceedings against the applicant because of unsuitability due to
inaptitude and inability to produce in a technical service; and, his
unsatisfactory attitude toward military service. On 11 October 1957, in
the presence of an evaluation officer, the applicant was advised of his
rights in this matter. The applicant waived his right to submit statements
in his behalf. On 28 October 1957, the discharge authority directed that
the applicant be discharged from the Air Force with a type of discharge as
general. The applicant was discharged on 5 November 1957. He had served 2
years, 7 months and 13 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends the application be denied. The BCMR
Medical Consultant states that a review of the applicant’s medical records
does not disclose any evidence to support correction of records. Evidence
of record and medical examinations prior to separation from the Air Force
indicate the applicant was fit and medically qualified for continued
military service, retention or appropriate separation and did not have any
physical or mental defects which would have warranted consideration in the
Disability Evaluation System. The BCMR Medical Consultant states that
action and disposition in this case are proper and equitable reflecting
compliance with Air Force directive that implement the law. The BCMR
Medical Consultant’s evaluation is at Exhibit C.
AFPC/DPPD recommends the application be denied. DPPD states in order to
qualify for a disability discharge, the applicant would have had to attain
a serious or life threatening medical condition prior to his release from
active duty. The record revealed no errors or irregularities during his
involuntary administrative discharge course of action that would justify a
change to his military records. DPPD states that the applicant failed to
provide medical documentation to corroborate than an injustice occurred
during the period of his involuntary administrative discharge process. The
AFPC/DPPD evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 April 2003, copies of the Air Force evaluations were forwarded to the
applicant for review and comment. As of this date, this office has
received no response (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. After a thorough review of the evidence
of record, we are not persuaded that the applicant’s discharge should be
changed to a medical disability discharge. Applicant’s contentions are
duly noted; however, we do not find these uncorroborated assertions, in and
by themselves, sufficiently persuasive to override the evidence of record
or the rationale provided by the Air Force offices of primary
responsibility. We note the applicant’s contention that he was not given a
physical examination prior to his discharge. However, his personnel
records include the results of a physical examination conducted on 18
September 1957, in conjunction with his ongoing administrative discharge
action. The physical examination revealed that his health was within
normal limits and that he was free from mental defects, disease, or
derangement, and able to distinguish right from wrong. It appears that
responsible officials applied appropriate standards in effecting the
separation, and the applicant has not provided persuasive evidence
demonstrating that pertinent regulations were violated or that he was not
afforded all the rights to which entitled at the time of discharge. We
therefore agree with the recommendations of the 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. Therefore, 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 probable 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, AFBCMR
Docket No. 02-03867, in Executive Session on 11 June 2003, under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. John B. Hennessey, Member
Ms. Barbara J. White-Olson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Nov 02 w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, 4 Mar 03.
Exhibit D. Letter, AFPC/DPPD, dated 4 Apr 03.
Exhibit E. Letter, SAF/MRBR, dated 11 Apr 03.
MICHAEL K. GALLOGLY
Panel Chair
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