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AF | BCMR | CY2006 | BC-2003-03798-2
Original file (BC-2003-03798-2.doc) Auto-classification: Denied

ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-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.

_________________________________________________________________

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.

On 29 April 2004, the Board considered and denied applicant’s  request  that
his records be corrected to show that his medical problems  were  the  cause
of his  discharge.   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 F.

The applicant has provided additional  evidence  through  his  Congressman’s
office  and  requests  that  the  Board  reconsider  his  application.   The
complete submissions are at Exhibits G through I.

_________________________________________________________________


THE BOARD CONCLUDES THAT:

We have thoroughly reviewed  the  evidence  of  record  and  the  additional
documentation submitted by  the  applicant,  through  his  Congressman,  and
remain unpersuaded that he has  been  the  victim  of  error  or  injustice.
Applicant’s  contentions  regarding  his  medical  conditions   are   noted;
however, he has provided no evidence to substantiate that his discharge  for
unsuitability was improper or that he was misdiagnosed with a character  and
behavior disorder, i.e., passive, aggressive personality.   It  appears  the
applicant believes the decision of the Department of Veterans Affairs  (DVA)
to award him a disability rating substantiates that his  Air  Force  records
are in error.  However, we note that although the Air Force is  required  to
rate  disabilities  in  accordance  with  the  DVA   Schedule   for   Rating
Disabilities, the DVA operates  under  a  totally  separate  system  with  a
different statutory basis.  In this respect, we note that the DVA rates  for
any and all service connected conditions, to the degree they interfere  with
future employability, without consideration of  fitness.   Whereas  the  Air
Force rates a member's  disability  at  the  time  of  separation.   In  the
applicant's case, based on his complaints of back pain, a  complete  medical
examination was completed on 17 February 1972, and he met  a  medical  board
on 2 March 1972.  The medical  board  concluded  that  he  did  not  have  a
medical cause for  his  back  pain.   The  various  medical  conditions  the
applicant has incurred over the past 34 years since  his  discharge  do  not
demonstrate  that  his  discharge  is  in  error  or  unjust,  that  he  was
misdiagnosed, or that he was not  provided  appropriate  medical  treatment.
Therefore, we  again  find  no  basis  upon  which  to  recommend  favorable
consideration of his request.

_________________________________________________________________

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 reconsidered Docket Number  BC-2003-03798
in Executive Session on 24 March 2006, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, 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.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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