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AF | BCMR | CY2004 | BC-2003-02188
Original file (BC-2003-02188.doc) Auto-classification: Denied

                            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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