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AF | BCMR | CY2006 | BC-2004-02791
Original file (BC-2004-02791.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02791
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 MAR 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation be changed to medical reasons.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force did not take into account his mental illness at  the  time  of
discharge.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 28 December 1967, the applicant enlisted in the Regular Air Force  for  a
period of four years.  He served as a security police specialist.

A medical evaluation, dated 17 September 1968, indicates the  applicant  was
seen for headaches.  During this exam the applicant had multiple  complaints
about his job.

A medical evaluation, dated 19 December 1970, indicates  the  applicant  was
seen for insomnia.   The  physician  noted  the  applicant  had  situational
problems preventing sleep.

A medical evaluation, dated 6 April 1971, indicates the applicant as  having
chronic acne problems  and  refused  to  work  because  of  the  acne.   The
evaluation further indicated the applicant reported he  experienced  periods
of depression.

A medical evaluation, dated 19  April  1971,  indicates  the  applicant  was
referred for a psychiatry  evaluation  as  part  of  his  Human  Reliability
Program  recertification.   The  referral  noted  a  long  standing  passive
aggressive character  disorder;  current  status  was  that  of  a  security
policeman at  an  isolated  Radar  Site.   The  psychiatrist  concluded  the
applicant did not have any psychiatric condition or disease and  was  simply
dissatisfied with the Air Force and did  not  want  to  remain  in  the  Air
Force.

A psychiatric evaluation, dated 4 May  1971,  indicates  the  applicant  had
been evaluated by Madigan General Hospital  Psychiatric  Services,  at  Fort
Lewis, Washington.  No psychiatric disorders were found, and  the  applicant
was determined to be rationale and capable of determining right from  wrong.
 His difficulties, aside from the organic  disorder  noted  in  his  medical
records, seemed to lie with adaptation to military regulation.  He  appeared
physically able to perform military duties, subject to the provisions  noted
on his profile  report,  and  should  have  been  returned  for  appropriate
administrative disposition.

A medical examination  for  separation  purpose,  dated  1  September  1971,
indicates the  applicant  stated  a  history  of  swollen,  painful  joints,
weakness in both knees on occasion due to an unknown cause  -  no  treatment
sought to date.  Asymptomatic -  for  two  weeks.   He  gave  a  history  of
migraine headaches which  were  treated  with  aspirin.   He  had  acne  for
several  years  which  was  treated  with  erythromycin  and  fostex   soap.
Depression and worry were also recorded and asymptomatic since 1970.

On 23 August 1971, the applicant requested  an  early  release  from  active
duty to attend college.  On that date, his commander approved his request.

On 3 September 1971, the applicant was honorably discharged in the grade  of
sergeant, under the provisions of AFM 39-10, Convenience of the  Government.
 He served three years, eight months, and six  days  of  total  active  duty
service.

A Veterans Administration  Report  of  Medical  Examination  for  Disability
Evaluation, dated 4 December 1972, notes a history of the  knee  giving  out
many times - this began in 1970.   No  history  of  surgery.   The  examiner
concluded the left knee had no disease and normal behavior was indicated  in
the neuropsychiatric section of the form.

A DVA  Rating  Decision,  dated  12  September  2002,  indicates  left  knee
disability - not service connected, not incurred/caused  by  service  -  0%;
right knee  condition  -  not  service  connected,  not  incurred/caused  by
service  -  0%;  right  heel  condition  -  not   service   connected,   not
incurred/caused by service - 0%;  hearing  loss  -  not  service  connected,
hearing normal for VA purposes - 0%; acne vulgaris - not service  connected,
not incurred/caused by service - 0%; tinnitus - not service  connected,  not
incurred/caused by service  -  0%;  chronic  paranoid  schizophrenia  -  not
service connected,  not  incurred/caused  by  service  -  70%.   It  further
indicated the  applicant  had  been  entitled  to  a  non-service  connected
pension since 27 March 1986.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommended denial indicating the applicant  was
voluntarily released from active duty prior to the expiration  of  his  term
of service to attend  college.   Evidence  of  the  Department  of  Veterans
Affairs records indicate over four years  after  separation,  the  applicant
was first hospitalized for paranoid  schizophrenia.   Although  he  reported
experiencing depressed mood,  anxiety,  and  heavy  drinking  while  in  the
service, these are symptoms and  problems  commonly  experienced  by  normal
individuals as well as individuals with a variety of conditions and  do  not
indicate  active  schizophrenia.    There   is   no   evidence   of   active
schizophrenia  while  the  applicant  was  in  the  service   including   by
psychiatric examination.  DVA documentation in  the  immediate  post-service
period, 4 December 1972, over one  year  after  separation,  also  does  not
suggest evidence of active schizophrenia.  The DVA will often grant  service
connection for conditions that were not apparent in  service  that  manifest
to a ratable degree within the first year after  separation.   The  DVA  has
not granted service connection for schizophrenia based on their  evaluations
over the years.

The applicant contends the Air Force did not consider  his  mental  problems
at the time of his voluntarily educational release however, evidence of  the
record clearly shows this is not the case and that he underwent  psychiatric
evaluation with no evidence of mental  illness  four  months  prior  to  his
request for educational release.  Evidence of  the  records  also  shows  no
change in his health at the time of his separation medical examination  when
he reported he  was  asymptomatic  and  DVA  documentation  suggests  stable
health at least up to 4 December  1972,  over  a  year  after  his  release.
Action and disposition in this case  are  proper  and  equitable  reflecting
compliance with Air Force directives that implement the law.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 September 2005, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and response within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________

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 relevant evidence has been presented to  demonstrate  the
existence of an  error  or  injustice.   After  reviewing  the  evidence  of
record, we are convinced the applicant’s separation from the Air  Force  was
in accordance with Air  Force  policy.   His  contentions  are  duly  noted;
however, in our opinion,  the  detailed  comments  provided  by  the  AFBCMR
Medical Consultant adequately address these allegations.  Therefore, we  are
in agreement with the comments and recommendation of the Medical  Consultant
and adopt his rationale as the basis for our  decision  that  the  applicant
has not been the victim of either an error or injustice.   In  view  of  the
above and in the absence of evidence to the contrary, we find no  compelling
basis upon which to recommend favorable action on this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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 this application in  Executive
Session on 12 October 2005, under the provisions of AFI 36-2603:

                 Ms. Marilyn M. Thomas, Vice Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Patricia R. Collins, Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2004-02791 was considered:

   Exhibit A.  DD Form 149, dated 1 Sep 04.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 1 Sep 05.
   Exhibit D.  Letter, SAF/MRBR, dated 2 Sep 05.




                       MARILYN M. THOMAS
                       Vice Chair

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