ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1993-02675
INDEX CODE: 100.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 19 October 2006
________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be upgraded to honorable and he be medically retired.
________________________________________________________________
STATEMENT OF FACTS:
On 17 August 1994 and 21 August 1995, the Board considered and denied the
applicant’s request that his discharge be upgraded to honorable and he be
medically retired. For an accounting of the facts and circumstances
surrounding the applicant’s separation, and the rationale of the earlier
decision by the Board, see the Record of Proceedings at Exhibit E.
In letters, dated 25 September 2002, 17 October 2002, 17 December 2002, 28
August 2003, 25 September 2003, and 27 April 2004, the applicant requested
reconsideration of his appeal (Exhibit F). However, on 10 May 2004, he was
advised that his requests did not meet the criteria for reconsideration by
the Board (Exhibit G).
In letters, dated 21 September 2004, 12 January 2005, 21 April 2005, 27
September 2005, 15 October 2005, and 26 October 2005, the applicant
requested reconsideration of his appeal and provided additional
documentation. Applicant’s complete submissions, with attachments, are at
Exhibits H through J.
________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant is of the opinion that although the action and
disposition in the case where proper and equitable, the applicant’s record
reasonably supports upgrading the characterization of his discharge to
honorable; however, the preponderance of evidence does not support his
request for disability retirement. In this respect, the BCMR Medical
Consultant states, in part, the Board may consider the applicant’s record
of satisfactory duty performance over most of his eight years of service
against the two incidents of minor misconduct in the context of his
unsuiting personality disorder. At the time of the applicant’s discharge,
unsuitability discharges usually resulted in an honorable discharge, unless
the military record warranted a general discharge. Current policy
prescribes that members diagnosed with personality disorder are discharged
for misconduct if present. In addition to personality disorder, the basis
for the applicant’s discharge included alcohol treatment failure best
characterized as due to inability in his case, defective attitude, and
misconduct.
The BCMR Medical Consultant’s evaluation is at Exhibit K.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He had and continues to have a legitimate mental illness which is service-
connected and related to his Air Force service. His record of treatment
for his condition began shortly after his second enlistment. Further,
immediately following his discharge, he was treated by a civilian physician
and it was documented that he had an actual mental illness, not a
personality disorder.
Applicant’s complete response is at Exhibit M.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. After thoroughly reviewing the evidence of record and the additional
documentation submitted by the applicant, we are not persuaded that his
records are in error or unjust. We have considered the applicant’s
performance record against the incidents of misconduct in the context of
his unsuiting personality disorder, as recommended by the BCMR Medical
Consultant. On balance, we do not believe that relief is warranted based
on his military record. There has been no showing the action and
disposition of his case were improper, or that he was denied any rights to
which entitled. To the contrary, prior to his separation, he appeared
before a board of officers, who reviewed his service record and recommended
he be separated for unsuitability, with a general discharge. Further, we
find no evidence that at the time of his discharge, he should have been
disability retired. The applicant’s service medical records indicate that
prior to his separation he was evaluated by mental health care providers
and no psychiatric disorders were found. Therefore, in the absence of
evidence to the contrary, we find no compelling basis to recommend
favorable consideration of the requested relief.
2. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue(s) involved. Therefore, the request for a
hearing is not favorably considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the additional 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-1993-02675
in Executive Session on 19 September 2006, under the provisions of AFI 36-
2603:
Ms. Kathleen M. Graham, Panel Chair
Ms. LeLoy W. Cottrell, Member
Mr. Elwood C. Lewis, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, w/atchs.
Exhibit F. Letters, Applicant, dated 25 Sep 02, 17 Oct 02,
17 Dec 02, 28 Aug 03, 25 Sep 03, and 27 Apr 04.
Exhibit G. Letter, AFBCMR, dated 10 May 04.
Exhibit H. Letter, Applicant, 21 Sep 04.
Exhibit I. Letter, C/M Boyd, dated 20 Apr 05, w/atchs.
Exhibit J. Letters, Applicant, dated 21 Apr 05, 27 Sep 05,
15 Oct 05, 26 Oct 05, w/atchs.
Exhibit K. Letter, BCMR Medical Consultant, dated 10 Aug 06.
Exhibit L. Letter, AFBCMR, dated 15 Aug 06.
Exhibit M. Letter, Applicant, dated 17 Aug 06.
KATHLEEN M. GRAHAM
Panel Chair
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