RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02731
            INDEX CODE:  110.00
            COUNSEL:  None
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to  honorable
and his discharge reason be changed to disability.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His separation  was  due  to  his  disability  of  hypertrophic  obstructive
cardiomyopathy with paroxysmal ventricular tachycardia and depression.

In support  of  his  appeal,  applicant  submits  a  copy  of  his  Veterans
Administration Rating Decision dated 11 July 2003.  Applicant’s  submission,
with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 16 October 2001, the applicant enlisted in the Regular Air  Force  for  a
period of 4 years.  He was progressively promoted to  the  grade  of  airman
first class.

On 2 March 2002, the applicant provided a urine specimen  that  subsequently
tested positive for cocaine.  On that same date, the applicant  and  several
other airmen made statements to an agent of the AFOSI relating  the  use  of
drugs (cocaine and marijuana) by the applicant and other airmen.

On 21 March 2002, nonjudicial punishment was imposed on the applicant  under
Article 15, UCMJ, based on his commander’s determination that he had, on  or
about 10 March 2002, placed human feces into  another  airman’s  boot.   His
punishment consisted of a reprimand and forfeiture of $200.00.

On 28 June 2002, court-martial charges were preferred against the  applicant
for wrongful use of marijuana and cocaine, on or about  1  March  2002.   On
11 July 2002, after  consulting  counsel,  the  applicant  requested  he  be
discharged in lieu of trial by court-martial  and  indicated  he  understood
that if the request was approved, he could be discharged  under  other  than
honorable conditions (UOTHC).  On that same date, his  counsel  submitted  a
statement and  evidence  in  support  of  the  applicant’s  request.   After
summarizing the applicant’s physical and mental conditions,  counsel  opined
that it would be in the best interest of the service and  the  applicant  if
his request for a discharge in lieu of trial by court-martial with an  UOTHC
discharge were approved.  The case file underwent  legal  reviews  by  staff
judge advocates assigned to the staff of the wing  and  numbered  Air  Force
commanders on 23  July  2002  and  6  August  2002  and  was  found  legally
sufficient.   It  was  recommended  that  the  administrative  discharge  be
approved pending completion of the processing of the applicant’s case  under
the Disability Evaluation System (DES).  On 8  August  2002,  the  discharge
authority   approved   the   recommended   separation   with    a    service
characterization of UOTHC.  He recommended that the case file  be  forwarded
to the Air Force  Personnel  Center  pending  completion  of  processing  in
accordance with  AFI  36-3208,  Table  6.14  (Administrative  Separation  of
Airmen - Dual Action Processing Involving Disability Separation).

Based on the applicant’s  prior  hospitalizations  and  treatments  for  his
conditions, on  29  August  2002,  a  Medical  Evaluation  Board  (MEB)  was
convened to consider his case.  The MEB  rendered  diagnoses  of  (1)  major
depressive disorder, (2)  hypertrophic  cardiomyopathy  and  (3)  paroxysmal
atrial fibrillation secondary to left concealed accessory pathway  corrected
with RF ablation.  The MEB determined that the approximate dates  of  origin
for diagnosis (1) was March 2002 and  diagnoses  (2)  and  (3)  were  “EPTS”
(Existing Prior to Service) not permanently aggravated by service.  The  MEB
recommended that the case be forwarded to an  Informal  Physical  Evaluation
Board (IPEB).  The applicant submitted a Letter  of  Exception  highlighting
the symptoms and severity of his conditions.  On 11 September 2002, an  IPEB
was convened to consider his case.  Under Category I, the  board  found  the
applicant possessed no  unfitting  conditions  which  were  compensable  and
ratable.  Under Category II (conditions that could  be  unfitting  but  were
not currently compensable or ratable, the  board  rendered  a  diagnosis  of
“Hypertrophic cardiomyopathy,  EPTS,  without  service  aggravation,  status
post placement of implanted cardiac defibrillator.   Exercise  tolerance  17
METS, New York Heart Association Functional Class I, associated  with  major
depression.”   The  board  found  the  applicant  was  unfit  because  of  a
disability not incurred while entitled to  receive  basic  pay.   The  board
recommended he be discharged under other than  Chapter  61,  Title  10.   On
18 September  2002,  the  applicant  disagreed   with   the   findings   and
recommendations  of  the  IPEB  and  requested  a  formal  hearing.   On  26
September 2002, he requested a waiver of his earlier election for  a  formal
hearing based on his belief that it was in his best interests to accept  the
findings  and  recommendations  of  the  IPEB.   On  20 December  2002,  the
Secretary of the Air Force directed that the applicant  be  administratively
discharged by execution of the AFI 36-3208 action and terminated the  action
under AFI  36-3212  (Physical  Evaluation  for  Retention,  Retirement,  and
Separation) based on the determination that his wrongful  use  of  marijuana
and cocaine was not mitigated by  the  existence  of  his  underlying  heart
condition and the secondary Major Depressive Disorder.

On 30 December 2002, the applicant was discharged in  the  grade  of  airman
basic in lieu of trial by court-martial with an under other  than  honorable
conditions discharge.  He was credited with 1 year, 2 months  and  15  days,
of total active duty service.

Examiner’s Note:  Applicant was erroneously issued a DD Form 214 indicating
his Character of Service  as  General  (Under  Honorable  Conditions).   An
administrative  correction  will   be   made   to   reflect   his   correct
characterization of service as Under Other Than Honorable Conditions.
_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the application be denied.  The  BCMR
Medical Consultant states that members  who  are  pending  separation  under
provisions that authorize a characterization of service of under other  than
honorable (UOTHC), even if  the  actual  characterization  that  the  member
receives is general are  not  eligible  for  referral  into  the  disability
evaluation   system   unless   the   medical   impairment   or   extenuating
circumstances may be the cause of  the  misconduct.   There  is  no  medical
evidence that would mitigate the circumstances  of  his  misconduct  to  the
extent that would  justify  a  correction  of  records.   The  BCMR  Medical
Consultant states that 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.

AFPC/DPPRS recommends the application be denied.  DPPRS  states  that  based
on documentation in his personnel  records,  the  discharge  was  consistent
with  the  procedural  and  substantive  requirements   of   the   discharge
regulation.  The Secretary of  the  Air  Force  directed  the  applicant  be
discharged with  an  UOTHC  discharge.   The  AFPC/DPPRS  evaluation  is  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 February 2004, copies of the Air Force evaluations were  forwarded  to
the applicant for review and comment.  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  careful  consideration  of  the
applicant’s request, we have seen no evidence indicating that the  applicant
was improperly discharged  or  that  an  upgrade  of  the  approved  service
characterization based on the evidence presented is warranted.   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, he was not  afforded
all the rights to which entitled at  the  time  of  discharge  or  that  his
superiors abused their discretionary authority.   We  therefore  agree  with
the recommendation of the Air Force offices’ of primary  responsibility  and
adopt their rationale as the basis for our  conclusion  that  the  applicant
has not been the victim of an error or injustice.  Accordingly, we  find  no
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 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 in  Executive
Session on 22 April 2004, under the provisions of AFI 36-2603:

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

The following documentary evidence for AFBCMR  Docket  Number  BC-2003-02731
was considered:

     Exhibit A.  DD Form 149, dtd 11 Oct 03 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, dtd 12 Jan 04.
     Exhibit D.  Letter, AFPC/DPPRS, dtd 11 Feb 04.
     Exhibit E.  Letter, SAF/MRB, dtd 13 Feb 04.




                                  ROBERT S. BOYD
                                  Panel Chair

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