RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03590
INDEX CODE: 108.00
COUNSEL: DISABLED AMERICAN
VETERANS
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 26 May 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was discharged by reason of
physical disability based on his conditions of migraine headaches and
costochondritis.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has received collection notices for recoupment of his enlistment
bonus based on a breach of his contract. He believes he is being
unjustly pursued for these monies. Prior to suffering from migraine
headaches and costochondritis, his service was very good.
In support of his appeal, the applicant provided extracts from his
military personnel and medical records, and documentation from the
Department of Veterans Affairs (DVA).
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 9 May 02 for a
period of six years in the grade of airman basic.
On 19 Aug 03, the applicant’s commander notified him that he was
recommending the applicant be discharged from the Air Force for
conditions that interfere with military service, specifically, a
mental disorder. The reason for this action was that on 14 Jul 03,
the applicant was diagnosed with an unspecified adjustment disorder
that significantly impaired his ability to function effectively in the
military environment. The applicant was advised of his rights in the
matter and that an honorable discharge would be recommended.
On 10 Sep 03, the discharge authority approved the discharge action
and directed the applicant be furnished an honorable discharge.
On 11 Sep 03, the applicant was honorably discharged under the
provisions of AFI 36-3208 (Personality Disorder) in the grade of
airman first class. He was credited with one year, four months, and
two days of active service.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the Medical Consultant.
_________________________________________________________________
AIR FORCE EVALUATION:
The Medical Consultant recommended denial. He believes the action and
disposition in this case were proper and equitable reflecting
compliance with Air Force directives that implement the law.
Therefore, no change in the records is warranted.
A complete copy of the Medical Consultant’s evaluation is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 3 Jan
06 for review and response. As of this date, no response has been
received by this office (Exhibit D).
A copy of the Air Force evaluation was forwarded to counsel on
12 Jan 06 for review and response. As of this date, no response has
been received by this office (Exhibit E).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case.
However, we find it insufficient to override the rationale provided by
the Medical Consultant. The evidence of record indicates the
applicant was involuntarily discharged as a result of being diagnosed
with an unspecified adjustment disorder that significantly impaired
his ability to function effectively in the military environment.
After reviewing the facts and circumstances of this case, we find no
evidence that would lead us to believe the applicant's reason for
separation was improper or contrary to the governing directives under
which it was effected. In view of the above, and in the absence of
evidence that, at time of his separation from active duty, the
applicant was unfit to perform the duties of his rank and office,
within the meaning of the law, we agree with the recommendation of the
Medical Consultant and adopt his rationale as the basis for our
decision that the applicant has failed to sustain his burden of
establishing he has suffered either an error or an injustice.
Accordingly, we find no compelling basis to recommend favorable action
on his request.
4. 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 issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the 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 AFBCMR Docket Number BC-
2004-03590 in Executive Session on 15 Feb 06, under the provisions of
AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Ms. Karen A. Holloman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Nov 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, Medical Consultant, dated 27 Dec 05.
Exhibit D. Letter, SAF/MRBR, dated 3 Jan 06.
Exhibit E. Letter, AFBCMR, dated 12 Jan 06.
KATHLEEN F. GRAHAM
Panel Chair
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