RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-02283
                                             INDEX CODE:  110.00; 110.02
                                             COUNSEL:  DAV

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The reason for his separation be changed from  AR  615-360,  “Section  VIII”
(unsuitability) to a medical discharge with compensation.
________________________________________________________________

APPLICANT CONTENDS THAT:

On 13 February 1942, while in the line of duty, he was struck by a  bus  and
dragged approximately one mile.  He spent three days in a coma,  and  twelve
additional days in and out of a coma.  He was sober,  with  no  evidence  of
drug use.

He received an x-ray on 10 September 1996 that  showed  evidence  of  severe
narrowing and degeneration of a back disk,  and  if  Post  Traumatic  Stress
Disorder (PTSD) had been in evidence in 1941, he would have  been  medically
discharged under that order because of his traumatic accident.

His Section VIII discharge was issued without his knowledge, and the  events
that occurred during the procedure were additionally traumatic.

In support of his request, applicant submits  two  (2)  personal  statements
signed on 29 April 2003, a letter from the Department of the  Army  dated  2
June 2003, and an Application for the Review of Discharge or Dismissal  from
the Armed Forces of  the  United  States,  DD  Form  293.   The  applicant’s
complete submission, with attachments is at Exhibit A.
________________________________________________________________

STATEMENT OF FACTS:

The former member’s records were either lost or destroyed by  fire  in  1973
at the National Personnel Records Center, St. Louis, MO.  As a  result,  the
following is the  only  known  information  pertaining  to  the  applicant’s
service, and was extracted from the partially reconstructed record, and  the
Department of Veterans Affairs medical records.

The applicant enlisted in the Army Air Corps on 13 June 1941 at the  age  of
18 for a period of three years.  Medical  records  indicate  he  was  court-
martialed for being absent without leave (AWOL) within 6 months of  entering
active duty.  On 4 December 1941, while serving a period of  confinement  as
a prisoner, he received medical treatment because he had been struck  across
the nose and left side of his face by an overhanging tree limb while  riding
in the back of a prison work truck.

On 14 February 1942, the applicant, who was then serving  in  the  grade  of
private, was admitted to a military medical facility for injuries  sustained
when he was struck by a public bus.  It  was  subsequently  determined  that
his injuries were incurred in the line of duty.  He was discharged  to  duty
on 13 April 1942.

On 8 July 1943, the applicant’s case was considered by an  Army  Disposition
Board.  It was indicated that the applicant’s recent conduct as  a  prisoner
led to a request for hospital admission.  His  hospitalization  for  a  head
injury that occurred in January 1942 was noted and it was further  indicated
that,  since  that  time,  irregularities  in  his  conduct   had   required
incarceration much  of  the  time.   The  board  recommended  he  undergo  a
neuropsychiatric study.  On 22 July 1943, a Board of  Medical  Officers  was
convened to consider the  results  of  a  psychiatric  evaluation  conducted
based on his  hospitalization  on  14  July  1943.   The  board  rendered  a
diagnosis  of  “Constitutional  psychopathic  state;  unqualified.   Existed
Prior to Enlistment” (EPTE).  The board recommended that  the  applicant  be
discharged under the provisions  of  Section  VIII,  AR  615-360.   An  Army
Disposition Board was convened on 28 July 1943 to  consider  the  case.   It
was this board’s opinion that the applicant  was  sufficiently  unstable  to
render him unsuited for further military service.  The board recommended  he
be discharged under the provisions of Section VIII, AR 615-360.

The  applicant  was  honorably  discharged  under  the  provision  of   Army
Regulation 615-360, Section VII, for unsuitability on  23 August  1943.   He
had served approximately two years, two months and 12 days on  active  duty,
with 219 days lost under Article of War (AW) 107.
________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant summarized  the  information  contained  in  the
applicant’s service medical records and his treatment and  rating  decisions
by the Department of Veterans Affairs (DVA), and is of the opinion  that  no
change in the applicant’s record is warranted.  The BCMR Medical  Consultant
states that the applicant was injured in the line of duty when struck  by  a
bus on 13 February 1942.  The applicant  sustained  a  concussion,  multiple
contusions and abrasions, and a burn of the  right  buttock  requiring  skin
grafting.  The applicant recovered from his injuries  and  was  returned  to
duty in April 1942.   Recurrent  episodes  of  going  AWOL  prompted  mental
health evaluation that included neurologic evaluation that led to  diagnosis
of  personality  disorder,  determination  of  unsuitability  for   military
service and discharge.

Subsequent  DVA  evaluations  diagnosed  psychoneurosis   in   addition   to
personality disorder and granted the applicant  service  connection,  rating
the psychoneurosis in association with the  history  of  head  trauma.   The
applicant also had episodes of low back pain that were not unfitting at  the
time of his  discharge.   It  was  not  until  decades  later  that  he  had
developed degenerative arthritis of  the  spine  and  was  granted  service-
connected compensation.

The BCMR Medical Consultant summarized the disability  compensation  systems
administered by the Department of Defense and the DVA and noted that at  the
time of the applicant’s discharge, there was no military service  department
disability program.   All  service  connected  disability  compensation  was
administered by the DVA.

The BCMR Medical Consultant is of the opinion that  action  and  disposition
in this case are proper and equitable reflecting compliance with  Air  Force
directives that implement the law.

A complete copy of the BCMR Medical  Consultant’s  advisory  opinion  is  at
Exhibit C.
________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant is in disagreement with  some  of  the  opinion  of  the  BCMR
Medical Consultant.  He has submitted a statement,  and  a  medical  summary
dated 23 July 2002 from  the  Americas  Hospital,  Guadalajara,  Mexico,  in
support of his statement.  The applicant’s letter, with attachments,  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, we are not persuaded that the  applicant’s  discharge  should  be
changed  to  a  medical  discharge  with  compensation.    The   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 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  Docket  Number  BC-2003-02283
in Executive Session on 22 April 2004, under the provisions of AFI 36-2603:

                       Mr. Robert S. Boyd, Panel Chair
                       Mr. John B. Hennessey, Panel Member
                       Mr. Jay H. Jordan, Panel Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 20 Jun 2003, with attachments.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dated 15 Dec 03.
      Exhibit D.  Letter, SAF/MRBR, dated 30 Jan 04.




      ROBERT S. BOYD
      Panel Chair