RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01632
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His narrative reason for  discharge  be  changed  to  reflect  that  he  was
discharged  due  to  a  medical  condition,   rather   than   unsatisfactory
performance.

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APPLICANT CONTENDS THAT:

The reason for his poor performance was a medical condition  which  affected
him at the time.

In support of his request, applicant provided documentation  extracted  from
his medical  records,  his  Department  of  Veterans  Affairs  (DVA)  rating
decision, and his DD Form 214.  His complete submission,  with  attachments,
is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was appointed a captain, Reserve of the Air  Force,  on  8 Jul  92
and was voluntarily ordered to extended active duty on that same date.

On  9  Jun  94,  applicant  was  notified  by  his  commander  that  he  was
recommending that he be discharged from the Air  Force  in  accordance  with
AFR 36-2, paragraph 2-3 for a downward trend in duty  performance  resulting
in an unacceptable level of effectiveness,  apathy/defective  attitude,  and
the diagnosis of both a personality disorder  and  an  adjustment  disorder.
The specific reasons for this action were that on 22 Apr 94, he  received  a
Letter of Counseling (LOC) for failure to properly document medical care  on
patient charts; he received three memos of counseling  for  going  from  his
place of duty without authority; he received three memos of  counseling  for
failure to go to  his  place  of  duty  on  time;  he  received  a  memo  of
counseling for his late arrival to a required meeting; he  received  a  memo
of counseling for failure to monitor  a  patient;  he  received  a  memo  of
counseling for failure to adequately inform patients of  pertinent  details;
and he received a memo of counseling  for  his  rudeness  and  insensitivity
towards a patient.  He was advised of his rights in this matter.  On 21  Jun
94, after consulting counsel, applicant submitted a  tender  of  resignation
in lieu of the discharge action.  His commander and the AFPC/CV  recommended
approval of his request.  On 27 Feb 95, his request was approved and it  was
directed that he be  honorably  discharged  from  the  Air  Force.   He  was
discharged on 10 Mar 95.  He served 2 years, 8 months, and 3 days on  active
duty.  His DD Form 214 reflects the narrative reason for his  separation  as
"Resignation: Unsatisfactory Performance."

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AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states that Mental Health evaluations document a  Personality  Disorder  and
Adjustment Disorder with depressed  mood.   His  symptoms  were  experienced
only while at work and he felt fine during weekends and while on leave.   He
had no thought disorder or psychosis that interfered  with  his  ability  to
know right from wrong or make him unable to conform his behavior  to  simple
standards.  He provides  a  DVA  rating  decision  from  October  1999  that
indicates a subsequent diagnosis of major depression.  There is no  evidence
that he had major depression while on active duty and a later  diagnosis  of
depression has no bearing on his  misconduct  while  on  active  duty.   The
Medical Consultant's evaluation is at Exhibit C.

AFPC/DPPRSP  recommends  denial.   DPPRSP  states  that  the  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge  regulation  and  was  within  the  discretion  of  the  discharge
authority.  The applicant did not submit any new evidence  or  identify  any
errors in his discharge processing.  The DPPRSP evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to  the  applicant  on  7
Nov 03 for review and comment within 30 days.  As of this date, this  office
has received no response.

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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  careful  consideration  of  the
available evidence, we are not persuaded that the reason for  his  discharge
from the Air Force was inappropriate,  erroneous,  or  that  he  was  denied
rights to which he was entitled.  Further, we see no  evidence  which  would
lead us to believe that a physical disability existed at  the  time  of  his
separation  that  would  have  disqualified  him  from  worldwide   military
service.  Therefore, since there were no  disqualifying  medical  conditions
at the time,  we  see  no  reason  why  he  would  have  been  eligible  for
consideration in the  disability  evaluation  system.   In  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number  BC-2003-
01632 in Executive Session on 9 Dec 03, under  the  provisions  of  AFI  36-
2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Ms. Olga M. Crerar, Member
      Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 May 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 22 Sep 03.
    Exhibit D.  Letter, AFPC/DPPRSP, dated 30 Oct 03.
    Exhibit E.  Letter, SAF/MRBR, dated 7 Nov 03.




                                   ROSCOE HINTON, JR.
                                   Panel Chair