RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01473
INDEX CODE: 108.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be changed from honorable to a medical discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was part of an illegal experiment. His life was threatened by a
sergeant should he not serve his country. He was given “speed” with
strichnide that resulted in temporal lobe epilepsy. He was discharged
under false conditions and that four others who participated (in drug
usage) received general discharges. He has names and he wants a full
explanation of his DD Form 214. He has no memory of important events,
then he had proof – except insanity.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty on 29 June 1977 as a security
specialist. His personnel record shows a pattern of minor
disciplinary infractions including two letters of admonishment, two
letters of counseling, a letter of reprimand and an Article 15
resulting in a reduction in grade to Airman Basic (E-1). His only
Airman Performance Report (APR) reflected an overall “4” indicating
marginal duty performance. He also was disqualified from the Human
Reliability Program (HRP) the qualification of which is required for
security personnel. In May 1978 he complained of feeling depressed
and paranoid and was evaluated in the mental health clinic. He was
diagnosed with situational anxiety and during a subsequent appointment
on 15 May 1978, he admitted to use of hashish. On 30 August 1978, he
was honorably discharged, at the convenience of the government, for
marginal performance after serving one year, two months and two days.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant reviewed the entire case file and
recommends denial. He notes that according to the Department of
Veterans Affairs, the applicant, ten years after separation and
following separation and divorce from his wife, developed symptoms of
depression associated with psychotic features diagnosed as
schizophrenia. The DVA denied the applicant service connected
disability compensation for schizophrenia noting no evidence in his
military record while he was on active duty or during the presumptive
period (12 months) following discharge. At his separation physical he
reported he was in good health.
Ten years following discharge he was hospitalized for schizophrenia.
Although review of the service medical record shows a complaint of
depressed mood and paranoid feelings in the context of ongoing
occupational problems and admitted drug use, there is no other
evidence of mental illness. Evaluation of those symptoms by a mental
health professional rendered a diagnosis of situational anxiety, a
condition that would not warrant disability evaluation. Action and
disposition in this case were proper and equitable reflecting
compliance with Air Force directives that implement the law.
The medical consultant’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he was 17 when he joined the Air Force and that
he had been an athlete most of his life. He states when he arrived in
England (on assignment), he was disillusioned and drugs and alcohol
use were rampant. He never wanted to drink or do drugs but all his
seniors did drugs (to the rank of major). He contends he was “taken
in” (peer pressure) and that the drugs and alcohol caused his
schizophrenia as there is no mental health problems in his family
history. He used alcohol to medicate himself after he separated from
the service. He could not diagnose himself and contends the Air Force
was responsible for him from the day he swore his oath. If the Air
Force had forced him into rehab the damage to his brain would not have
occurred.
Applicant’s complete response is at 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 and applicant's submission, we are not persuaded
that his uncorroborated assertions of illegal experimentation and
forced drug usage, in and by themselves, sufficiently persuasive to
override the rationale provided by the Air Force. Therefore, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain his burden of having
suffered either an error or injustice. It appears, from the available
medical records and Department of Veterans Affair’s (DVA) files, that
no evidence of mental illness existed during his period of service but
appeared to manifest itself ten years after his discharge, and then
only when he went through personal trauma related to separation and
divorce. Therefore, in the absence of persuasive 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 BC-
2003-01473 in Executive Session on 2 March 2004, under the provisions
of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Martha Maust, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Apr 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 5 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 19 Dec 03.
Exhibit E. Letter, Applicant, dated 16 Jan 04.
ROSCOE HINTON, JR
Panel Chair
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