RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-03259
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

      XXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  23 Apr 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

It appears the applicant is requesting a disability retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since he was hospitalized for treatment  of  a  condition  until  two  weeks
prior to his discharge, and received a combined  disability  rating  of  70%
from  the  Veterans  Administration,  effective  the   day   following   his
discharge, he should have been medically discharged.

In support of the appeal, applicant submits a copy of his 24 February  1976,
VA Rating Decision.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on  16  October
1972.  He was evaluated for continued active duty by  a  Medical  Evaluation
Board (MEB)  on  19  August  1975.   Based  on  the  diagnosis  of  paranoid
schizophrenia,  acute,  moderate,  characterized  by  visual  and   auditory
hallucinations, extreme suspiciousness,  hostile  and  aggressive  feelings,
and psycho physiological low back pain, the MEB referred him to  a  Physical
Evaluation Board (PEB).   On  4  September  1975,  an  Informal  PEB  (IPEB)
recommended he be discharged with severance pay with a 10% rating, based  on
the diagnosis of schizophrenic reaction, acute, paranoid type,  with  slight
impairment of social and industrial adaptability.   The  applicant  did  not
concur with the findings and recommendation  of  the  IPEB,  contending  his
industrial impairment was more than just  slightly  impaired  and  requested
his rating be increased to 30%.  On 22 September 1975, a Formal  PEB  (FPEB)
convened and based  on  the  diagnosis  of  schizophrenic  reaction,  acute,
paranoid  type,  with   slight   impairment   of   social   and   industrial
adaptability,  associated  with  psycho   physiological   low   back   pain,
recommended he be discharged with severance pay, with a 10%  rating.   On  1
October 1975, the Air Force Personnel Board approved  the  findings  of  the
FPEB.  On  26  October  1975,  he  was  discharged  by  reason  of  physical
disability with entitlement to disability severance  pay.   He  completed  3
years and 11 days of active service.

On 24  February  1976,  the  Veterans  Administration  (VA)  awarded  him  a
combined compensable  disability  rating  of  80%  (schizophrenia,  paranoid
type, competent – 70%;  low  back  syndrome  –  20;  and  chronic  posterior
urethritis with intermittent symptoms – 0%).

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the applicant’s  records  be  changed
to  show  permanent  disability  retirement   for   paranoid   schizophrenia
associated with psycho physiological low back pain rated at 30%.   The  BCMR
Medical Consultant states, in part, that the  evidence  supports  a  finding
that applicant’s social and industrial impairment was greater  that  slight,
and can best be described  as  definite,  warranting  disability  retirement
with a 30% rating.

The BCMR Medical Consultant evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation  was  forwarded  to  the  applicant  on  2
September 2005 for review and response within 30 days.  As of this date,  no
response has been received by this office.

_________________________________________________________________

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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of  error  or  injustice  to  warrant  the  applicant’s  permanent
disability retirement with a 30% rating.  In  this  respect,  we  note  that
based on the diagnosis of paranoid schizophrenia with slight impairment  for
social and industrial adaptability, the applicant was disability  discharged
with  severance  pay  on  26 October  1975.   However,  the   BCMR   Medical
Consultant has thoroughly  reviewed  the  applicant’s  service  medical  and
personnel records  and  is  of  the  opinion  that  applicant’s  social  and
industrial  impairment  can  more  accurately  be  described  as   definite,
warranting  permanent  disability  retirement  for  paranoid   schizophrenia
associated with psycho physiological low back pain rated at 30%.  We  agree,
and accept the BCMR Medical Consultant’s recommendation and findings as  the
basis for our conclusion that the applicant has been the victim of error  or
injustice.  Therefore, we recommend the applicant’s records be corrected  as
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that:

      a.    On 25 October 1975, the  diagnosis  in  his  case  was  paranoid
schizophrenia, definite social and industrial  impairment,  associated  with
psycho physiological low back pain, VA Diagnostic Code 9203, rated at 30%.

      b.    He  was  not  discharged  under  the  provisions  of  AFR  35-4,
Physical Disability, with entitlement to severance pay on  26 October  1975,
but on  that  date,  he  was  permanently  retired  by  reason  of  physical
disability, with a compensable disability rating of 30%.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
03259 in Executive Session on 6 October 2005, under the  provisions  of  AFI
36-2603:

            Mr. Wayne R. Gracie, Panel Chair
            Ms. Sue A. Lumpkins, Member
            Mr. Terry L. Scott, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 26 Oct 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 31 Aug 05.
   Exhibit D.  Letter, SAF/MRBR, dated 2 Sep 05.




                                   WAYNE R. GRACIE
                                   Panel Chair



AFBCMR BC-2004-03259




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the  Department  of  the  Air  Force
relating to XXXXXXX, XXXXXXX, be corrected to show that:

            a.   On 25 October 1975, the diagnosis in his case was paranoid
schizophrenia, definite social and industrial impairment, associated with
psycho physiological low back pain, VA Diagnostic Code 9203, rated at 30%.

            b.   He was not discharged under the provisions of AFR 35-4,
Physical Disability, with entitlement to severance pay on 26 October 1975,
but on that date, he was permanently retired by reason of physical
disability, with a compensable disability rating of 30%.








            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency