RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03798
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that his medical problems  were  the  cause
of his discharge.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Although his records acknowledge a mental disability, they do not  recognize
any physical disabilities.  His records  show  that  he  was  injured  as  a
result of an accident, as well as other complications.  His medical  records
also indicate that a physician prescribed him medication  for  his  physical
problems yet inferred that he stole, sold, and used illegal drugs.

In support of the appeal, applicant  submits  his  personal  statements  and
extracts from his Department of Veterans Affairs (DVA) and military  medical
records.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force for a period of  four  years
on 15 April 1970.  Based  on  complaints  of  back  pain,  a  medical  board
convened on 2 March 1972, and concluded that  he  did  not  have  a  medical
cause for his back pain and that a psychological cause was  the  reason  for
his back pain.  A civilian  psychiatrist  examined  him  on  20 March  1972,
rendered the diagnosis of passive aggressive  personality,  and  recommended
his discharge.  On 28 March 1972,  he  received  notification  that  he  was
being recommended for discharge because he had manifested  a  character  and
behavior disorder.  He received an honorable discharge  on  28  April  1972,
under the provisions of Chapter 2, Section A, AFM  39-12,  (Unsuitability  -
Character and Behavior Disorder).  He completed a total of 2  years  and  14
days of active service.

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AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  recommends  the  application  be  denied  and
states, in part, that the action and disposition  in  the  applicant’s  case
are proper and equitable reflecting compliance  with  Air  Force  directives
that implement the law.  The Air Force psychiatric evaluator classified  the
applicant’s  condition  as  a  personality   disorder,   a   non-compensable
condition.  The DVA psychiatric evaluator  classified  his  condition  as  a
service-connected compensable  psychophysiologic  disorder,  rated  at  10%.
Whether  the  Air  Force  psychiatrist’s  diagnosis  was  an  error  is  not
ascertainable from the available evidence.   Regardless,  even  if  it  was,
there was no resulting injustice since a  disability  discharge  for  psycho
physiologic disorder would have resulted in severance pay, which would  have
been offset dollar for dollar from his DVA compensation.  As  such,  he  was
not denied any actual compensation.  With regard to his back condition,  his
records show  that  he  was  employed  full-time  until  1993  and  did  not
experience back pain requiring medical attention until approximately 1989.

The BCMR Medical Consultant’s evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

An x-ray report completed prior to his discharge should have shown  a  small
deformed right kidney and deformity of his spine.   He  complained  of  back
trouble in basic training.  His medical records show an  origin  of  a  back
injury while refueling an aircraft on duty.   He  had  no  history  of  back
trouble prior to his military service.  In April 1970 to April 1972,  racism
was alive and well in the military.  In addition,  an  Air  Force  physician
had hurt him during a physical examination.   This  same  physician  implied
that he stole drugs from the dispensary and tried to coerce others  that  he
was a drug addict and drug  dealer.   Furthermore,  his  discharge  was  not
legal or  proper  because  of  fraud.   A  Magnetic  Resonance  Image  (MRI)
completed in 2001 shows a  damaged  disc.   There  is  no  evidence  of  any
disciplinary problems in his records.  He is receiving  a  service-connected
disability rating of 30% from the DVA for a mental  condition,  despite  the
fact that he has  never  been  prescribed  medication  for  this  condition.
However, this is not grounds for discharge.  While on active  duty,  he  was
the victim of bias, prejudice, and discrimination.  He was  misdiagnosed  by
an Air Force physician and never treated  for  a  mental  condition  -  only
physical conditions.

Applicant’s complete response, 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 and applicant’s submission,  we  are  not  persuaded  that  relief
should be granted.  Applicant’s contentions are duly noted; however,  we  do
not find these assertions, in and by themselves, sufficiently persuasive  to
override the  rationale  provided  by  the  Air  Force.   The  BCMR  Medical
Consultant has adequately addressed applicant’s  contentions  and  we  agree
with his opinion and adopt the rationale expressed  as  the  basis  for  our
decision that applicant has  failed  to  sustain  his  burden  that  he  has
suffered either an error or an injustice.   Hence,  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 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-2003-03798
in Executive Session on 29 April 2004, under the provisions of AFI 36-2603:

                       Mr. Jackson A. Hauslein, Jr., Panel Chair
                       Mr. James W. Russell, III, Member
                       Mr. Richard A. Peterson, Member








The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 18 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Apr 04.
      Exhibit E.  Letter, Applicant, dated 8 Apr 04, w/atchs.




                                   JACKSON A. HAUSLEIN, JR.
                                   Panel Chair