RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 03-02188
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he was medically retired rather than
released under the early separation program - strength reduction.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He never wanted to get out of the Air Force and would have made it a career
if he had not had his psychological problems. He was completely
embarrassed by his disability. Within five months of his discharge, the
Veterans Administration rated him as 100 percent disabled for the same
condition for which he was separated. He was told he would be better off
if he elected the early out program. At the time of his separation, he was
distraught and to avoid further embarrassment he signed his DD Form 214.
He understood that he and his family would be taken care of by the VA. He
has now discovered that in order to be eligible for TriCare and other
retirement benefits he needs to have his DD Form 214 changed. He has
always referred to himself as being medically retired until about four
months ago when he found out that he was separated under the early
separation program.
In support of his request, he submits a personal statement, a copy of his
DD Form 214 and a copy of his VA Rating Decision. His complete submission,
with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 14 May 1986, the applicant enlisted in the Regular Air Force. He was
progressively promoted to the grade of sergeant (E-4), effective and with a
date of rank of 28 October 1988. He received three Airman Performance
Reports (APRs) closing 13 May 1987, 13 May 1988, and 13 May 1989, in which
he was characterized as an excellent airman. On 30 March 1990, he
voluntarily separated under the early separation program - strength
reduction, having served 3 years, 10 months and 17 days in the Regular Air
Force. After having been released from active duty, he was transferred to
the Air Force Reserve. On 9 July 1991, applicant was notified that
competent medical authorities had found him medically disqualified for
worldwide military service by reason of schizoaffective disorder and he was
subsequently discharged.
On 15 February 1990, the applicant completed his separation physical and
stated that his health seemed to be fine.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends the application be denied. The BCMR
Medical Consultant states that to be eligible for military disability the
condition must have rendered the applicant unfit while on active duty and
be the cause for the termination of his military career. The applicant’s
condition did not render him unfit while he was on active duty and was also
not the reason his career was cut short. Had the applicant’s schizophrenia
manifested itself while he was on active duty, he would have been evaluated
in the disability evaluation system. The Medical Consultant states that
the action and disposition in this case are proper and equitable reflecting
compliance with Air Force directives that implement the law. The BCMR
Medical Consultant’s evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 30
January 2004 for review and response. As of this date, this office has
received no response
_________________________________________________________________
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 disability retirement. 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 BCMR Medical Consultant. We note the
applicant’s contention that had it not been for his psychological problems
he would have made the Air Force a career. However, his personnel records
include a copy of his Report of Medical History, prior to his separation,
which he completed on 15 February 1990. The medical history indicates that
his health was good except for sternal pain and sinus problems. 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 recommendation of the BCMR Medical Consultant 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. 03-02188, in Executive Session on 11 March 2004, under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Joseph D. Yount, Member
Ms. Renee M. Collier, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jun 03 w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, 5 Jan 04.
Exhibit D. Letter, SAF/MRBR, dated 30 Jan 04.
MICHAEL K. GALLOGLY
Panel Chair
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