RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01057
INDEX CODE: 134.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 31 JUNE 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
Any record referring to his father as an alcoholic and/or his father
physically abusing him be expunged from his record.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The information on the Consultation Sheet dated January 12. 1955 is
erroneous. His father was not an alcoholic and was not abusive to him.
His signature was forged.
In support of the application, the applicant submits a copy of his
consultation sheet and three (3) support statements. The applicant's
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 May 1954, the applicant enlisted in the Regular Air Force at the age
of 19 in the grade of airman basic for a period of 4 years. He was
progressively promoted to the rank of airman third class effective and with
a date of rank of 19 July 1954. The applicant received two character and
efficiency ratings of “excellent” on 19 July 1954 and 16 September 1954.
In a psychiatric evaluation dated 12 January 1955, the acting chief of
neuropsychiatric services recommended the applicant for discharge. The
examiner rendered a diagnosis of immaturity with symptomatic habit
reaction, chronic, severe; manifested by stuttering. The examiner stated
that treatment for his condition was not feasible in the military service.
He further stated that in view of lack of motivation and fact that the
patient had an adequate trial of duty, he recommended that action be taken
for his separation from the service under the appropriate administrative
regulation.
On 15 February 1955, the applicant’s commander notified him that he was
recommending he be discharged from the Air Force under the provisions of
AFR 39-16 for unsuitability. He acknowledged receipt, waived his
entitlement to appear before the board on his behalf and requested
discharge without benefit of board proceedings. The discharge case file
was forwarded to the group adjutant for legal review. The discharge
authority approved the recommended separation on 10 March 1955, and
directed that the applicant be discharged and issued a General Discharge
certificate.
On 18 March 1955, the applicant was separated from military service and
discharged Under Honorable Conditions (General). He had served 8 months
and 14 days on active duty.
On 3 September 1957, the Air Force Discharge Review Board reviewed the
applicant’s case and concluded that his general discharge should be
upgraded to honorable, but that he should not be eligible to reenlist. A
new separation document was issued.
_________________________________________________________________
AIR FORCE EVALUATION:
AFMSA/SGOZ recommends denial. SGOZ notes the applicant’s request is
untimely and cannot be substantiated by medical evidence. SGOZ states IAW
AFR 168-4, Administration of Medical Activities, “To correct medical record
documentation without creating suspicions of record tampering, use the
following procedures: If an error is identified near in time to the date
of the erroneous entry and the practitioner(s) involved has present memory
of the circumstances (general rule)” then the corrective steps are taken.
SGOZ declares there is no medical evidence in the record to support the
applicant’s claim and the provider cannot be contacted at this point.
SGOZ’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 for
review and comment on 20 May 2005. As of this date, this office has
received no response (Exhibit D).
_________________________________________________________________
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 evidence has been presented to demonstrate the existence
of probable error or injustice. After reviewing the applicant’s submission
and the evidence of record, the Board majority is not persuaded that the
applicant’s records are in error or that he has been the victim of an
injustice. Other than his own contentions, the applicant has not provided
any evidence which substantiates his claim that he did not state to the
medical examiner during his separation physical that his father was an
alcoholic and/or abusive, or that his signature was forged. It is the
majority opinion that the applicant has failed to sustain his burden that
he has suffered either an error or an injustice. In view of the above and
absent evidence to the contrary, the Board majority finds no basis to
recommend granting the relief sought in this application.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or injustice
and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2005-
01057 in Executive Session on 9 November 2005 under the provisions of AFI
36-2603:
Mr. Christopher D. Carey, Panel Chairman
Ms. Barbara R. Murray, Member
Mr. James A. Wolffe, Member
By a majority vote, the Board recommended denial of the application. Mr.
Carey voted to correct the records but does not desire to submit a Minority
Report. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Mar 05 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFMSA/SGOZ, dated 10 May 05.
Exhibit D. Letter, SAF/MRBR, dated 20 May 05.
CHRISTOPHER D. CAREY
Panel Chair
AFBCMR BC-2005-01057
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant
had not provided substantial evidence of error or injustice and
recommended the case be denied. I concur with that finding and their
conclusion that relief is not warranted. Accordingly, I accept their
recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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