RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-00372
                                             INDEX CODE:  100.00
      XXXXXXX                     COUNSEL:  NONE

      XXXXXXX                           HEARING DESIRED:  YES



MANDATORY CASE COMPLETION DATE:  4 AUG 06


________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be  upgraded  to  honorable  under  medical  conditions,  with
entitlement to all back pay.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was the victim of malpractice by examining physicians.

The Department of Veterans Affairs (DVA) has diagnosed him as having schizo-
affective illness on his maternal side; therefore,  due  to  malpractice  on
the part of a Veterans Affairs (VA) physician, he was misdiagnosed in 1975.

Applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The National Personnel Records Center (NPRC) has  advised  that  applicant’s
Master Personnel Records have not been located.   Therefore,  the  following
information has been extracted from the copy of applicant’s service  medical
records provided by the DVA.

Applicant contracted his initial enlistment in the Regular Air Force  on  13
October 1972.  On 7 April 1973, he attempted suicide by  ingesting  aspirin.
He was diagnosed with situational adjustment problem and  treated  in  group
therapy on a regular basis until 1  November  1973.   On  24  May  1974,  he
underwent a separation medical  examination  and  was  found  qualified  for
worldwide duty.  On 18 July 1974, he  was  administratively  discharged  for
misconduct.




On 6 November 1975, DVA awarded him a compensable disability rating  of  30%
for anxiety neurosis.  On  14  November  1989,  his  compensable  disability
rating was increased  to  100%  for  schizo-affective  disorder,  depressive
type.

________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the  records
is warranted and states, in part, that there is no  evidence  applicant  was
suffering from  active  psychosis  or  schizophrenia  at  the  time  of  his
discharge that may have mitigated any misconduct or warranted  referral  for
disability evaluation.  The separation medical examination completed at  the
time of his administrative discharge indicates he  was  examined  by  mental
health providers and it was determined there was no  mental  condition  that
warranted disability evaluation or impaired his ability to know  right  from
wrong and adhere to right.  In the year  following  his  discharge,  he  was
diagnosed with anxiety neurosis by the VA; however,  he  was  not  diagnosed
with schizophrenia until over 12 years following his separation.

The fact that applicant has been granted service connected  disability  from
the DVA does not entitle him to  Air  Force  disability  compensation.   The
Military Disability Evaluation System  operates  under  Title  10  and  only
offers compensation for those conditions which specifically render a  member
unfit for continued active service and only for  the  degree  of  impairment
present at the time of separation.  The DVA, however, operates  under  Title
38 and offers compensation  for  any  service  connected  condition  without
regard  to  whether  it  was  unfitting  for  continued  military   service.
Further, the DVA may periodically re-evaluate veterans for  the  purpose  of
changing their disability rating based on varied degrees of impairment  over
time.

The BCMR Medical Consultant’s evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  10
April 2006, for review and comment, within 30 days.   However,  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 error or injustice.  Based upon the presumption  of  regularity
in  the  conduct  of  governmental  affairs  and  without  evidence  to  the
contrary, we must assume that the applicant's discharge was  proper  and  in
compliance with appropriate directives.  Therefore, based on  the  available
evidence of record, we find no basis upon which to  favorably  consider  his
request to upgrade his discharge.  Furthermore, applicant has  not  provided
sufficient documentation to substantiate that he  was  unfit  for  continued
military service at the  time  of  his  discharge.   Although  applicant  is
currently  receiving  compensation  from  the   DVA   for   schizo-affective
disorder, depressive type, there  is  no  evidence  he  suffered  from  this
condition at the time of  discharge.   To  the  contrary,  a  mental  health
evaluation completed prior to his  discharge,  determined  that  he  had  no
mental condition that warranted  disability  evaluation.   In  addition,  he
underwent a separation  physical  and  was  found  medically  qualified  for
worldwide duty. It appears the applicant  believes  the  DVA's  decision  to
award  him  a  100%  disability  rating   for   schizo-affective   disorder,
depressive type, 12  years  after  his  discharge,  substantiates  that  his
condition was present and misdiagnosed by the Air Force at the time  of  his
discharge.  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 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, at the time of his discharge there was no  condition  that
rendered him unfit.  Therefore, in the absence of evidence to the  contrary,
we find no compelling basis to recommend granting the relief sought in  this
application.

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 issue(s) 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  Docket  Number  BC-2005-00372
in Executive Session on 17 May 2006, under the provisions of AFI 36-2603:

                       Mr. Michael J. Maglio, Panel Chair
                       Mr. Grover L. Dunn, Member
                       Ms. Debra Walker, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jan 04, w/atchs.
    Exhibit B.  Letter, BCMR Medical Consultant, dated 6 Apr 06.
    Exhibit C.  Letter, SAF/MRBR, dated 10 Apr 06.




                                   MICHAEL J. MAGLIO
                                   Panel Chair