ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1983-00317
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he was retired in the grade of staff
sergeant by reason of physical disability on 25 May 1973, with all back pay
and allowances.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
His personnel and medical records were not considered at the time of his
discharge.
In support of the appeal, applicant submits extracts from his Department of
Veterans Affairs (DVA) records and a copy of his service medical record.
The applicant’s complete submissions, with attachments, are at Exhibits N
and O.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 15
October 1968, for a period of four years. He was honorably discharged on
15 April 1971, and he reenlisted on 6 April 1971, for a period of four
years. On 21 May 1973, applicant was notified of his commander's intent to
recommend him for a general discharge for apathy and defective attitude as
observed by applicant’s supervisors and his failure to adhere to Air Force
weight standards. The discharge authority approved the discharge and he
was discharged on 25 May 1973, under honorable conditions (general). He
had completed a total of 4 years, 7 months, and 11 days of active service
and was serving in the grade of sergeant (E-4) at the time of discharge.
Report of Medical Examination, dated 14 March 1973, reflects applicant was
qualified for world-wide duty (separation).
On 8 November 1982, the Air Force Discharge Review Board (AFDRB) considered
and denied applicant’s request that his discharge be upgraded to honorable
(Exhibit C).
On 23 February 1983, the Board considered applicant’s request that his
Reenlistment Eligibility (RE) code of 2 be changed to allow his enlistment
in the Army National Guard (ARNG). The Board found insufficient evidence
of an error or injustice and denied the application. For an accounting of
the facts and circumstances surrounding the application, and the rationale
of the earlier decision by the Board, see the Record of Proceedings at
Exhibit F.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Clarksburg, WV, provided an Identification Record pertaining to the
applicant which is at Exhibit V.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends the application be denied and
states, in part, that there is no evidence of a medical or psychiatric
condition that would have warranted a referral into the Disability
Evaluation System (DES). Further, the preponderance of the evidence
indicates that he did not have a medical or psychiatric condition that
interfered with his performance, or caused him to fail in the weight
control program. A personality disorder is a lifelong condition that may
render a member unsuited for continued service and subject to
administrative discharge; however it does not warrant a disability
discharge.
The BCMR Medical Consultant’s evaluation is at Exhibit Q.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
The applicant states that his DVA records substantiate his degenerative
disk and joint diseases, back disorder, breathing problems, asthma and
flashbacks. He went to Vietnam to go on a secret mission and was used to
help send back deceased U.S. servicemen. After his return from Vietnam in
1971, his brother was killed, and his 1973 discharge was a mental
discharge.
The applicant’s complete response, with attachments, is at Exhibit S. A
duplicate copy of the applicant’s response was provided by his
congressman’s office (Exhibit T).
A complete copy of the FBI Identification Record was forwarded to the
applicant on 25 October 2004 for review and response within 14 days.
Applicant’s response to the FBI Identification Record is at Exhibit W.
_________________________________________________________________
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 and applicant’s submission, we are not persuaded that relief
should be granted. Applicant’s contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently persuasive to
override the rationale provided by the Air Force. The BCMR Medical
Consultant has adequately addressed applicant’s contentions and we agree
with his opinion and adopt the rationale expressed as the basis for our
decision that applicant has failed to sustain his burden that he has
suffered either an error or an injustice. Hence, 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 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-1983-00317
in Executive Session on 17 November 2004, under the provisions of AFI 36-
2603:
Ms. Kathy L. Boockholdt, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Mr. Albert C. Ellett, Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, w/atchs.
Exhibit G. Applicant's Master Personnel Records.
Exhibit H. Letter, Applicant, dated 19 Mar 01.
Exhibit I. Letter, AFBCMR, dated 16 Apr 01.
Exhibit J. DD Form 149, dated 6 May 01, w/atchs.
Exhibit K. Letter, Applicant, 16 May 01, w/atchs.
Exhibit L. Letter, Applicant, 26 Jun 01.
Exhibit M. Letter, AFBCMR, dated 5 Jul 01.
Exhibit N. Letter, Applicant, 23 Aug 01, w/atch.
Exhibit O. DD Form 149, dated 1 Jan 04, w/atchs.
Exhibit P. Letter, AFBCMR, dated 26 May 04.
Exhibit Q. Letter, BCMR Medical Consultant, dated 20 Jul 04.
Exhibit R. Letter, AFBCMR, dated 17 Aug 04.
Exhibit S. Letter, Applicant, dated 4 Sep 04, w/atchs.
Exhibit T. Letter, C/M Lampson, dated 18 Oct 04, w/atchs.
Exhibit U. Letter, AFBCMR, dated 25 Oct 04.
Exhibit V. FBI Identification Record.
Exhibit W. Letter, Applicant, dated 29 Oct 04.
KATHY L. BOOCKHOLDT
Panel Chair
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