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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