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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