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AF | BCMR | CY2006 | BC-1003-02675-2
Original file (BC-1003-02675-2.doc) Auto-classification: Denied

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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