RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01866
INDEX CODE: 128.08
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 14 OCTOBER 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be granted severance pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should have received severance pay when he was discharged from the Air
Force.
In support of the application, the applicant submits a copy of his DD 214
and two (2) personal statements. The applicant's complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 19 April 1968, the applicant enlisted in the Regular Air Force in the
grade of airman basic (E-1) at the age of 19 for a period of 4 years. He
was credited with 1 month and 7 days of inactive Reserve service. He was
progressively promoted to the grade of airman first class (E-3) effective
and with a date of rank of 1 December 1968. His separation document
indicates he received the National Defense Service Medal.
On 19 February 1969, the applicant was admitted to hospital psychiatric
services. Following examination, a diagnosis of schizophrenic reaction was
rendered. The examiner recommended the applicant be presented to a Medical
Evaluation Board. The applicant was notified of the findings.
On 18 April 1969, the applicant requested he be discharged based on
preliminary findings that he was considered unfit for retention in the
military service by reason of physical disability which was considered to
have existed prior to service (EPTS) and which appeared to be not incident
to, or aggravated by military service. He waived his right for his case to
be heard by a Physical Evaluation Board.
The Medical Evaluation Board (MEB) convened on 6 May 1969 to consider the
applicant’s case and after consideration of clinical records, laboratory
findings and physical examination established diagnoses of schizophrenic
reaction. The MEB recommended that the applicant be medically separated
from service under provisions of AFM 35-4, Chapter 9.
On 16 May 1969, the hospital registrar forwarded the MEB findings to the
applicant’s commander for review. On 22 May 1969, the applicant’s
commander recommended approval and verified that there was no disciplinary
action pending against the applicant that would preclude his release from
military service.
On 23 May 1969, the discharge authority approved the recommended separation
and directed the applicant be separated from service and issued an
Honorable discharge certificate.
On 29 May, 1969, the applicant was discharged under honorable conditions by
reason of Physical Disability-EPTS. He had served 1 year 1 month and 11
days of total active service.
In a VA Rating decision dated 21 June 2002, the applicant’s 50 percent
disabling rating for schizophrenia was increased to 70 percent.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD recommends denial. DPPD states the applicant requested
discharge for physical disability. DPPD notes the applicant’s request
further stated that if a medical board corroborated the findings of his
unfit condition that he would still be discharged without further hearing
and would be discharged without disability retirement or disability
severance pay. DPPD concludes that the applicant could apply for benefits
administered by the VA.
DPPD’s evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response to the Air Force evaluation dated 16 August 2005, the
applicant states he was in bad shape and did not understand the article he
signed at that time. He states his condition did not exist prior to
military service. He passed all examinations. His family will verify he
did not have this condition prior to military service (Exhibit E.)
_________________________________________________________________
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 probable error or injustice. After a thorough review of the
evidence of record and applicant’s submission, we are not persuaded that
his honorable discharge should be changed to a medical retirement. The
approximate date of origin of the applicant’s condition is stated as “Early
Adolescence” on the MEB report; and, in our opinion, is evidence that his
condition existed prior to his entry into military service. Therefore, we
agree with the recommendations of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. In the
absence of evidence to the contrary, we find no significant basis to
recommend granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 this application in Executive
Session on 31 January 2006, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Charlie E. Williams Jr., Member
Mr. Vance E. Lineberger, Member
The following documentary evidence was considered in AFBCMR BC-2005-01866:
Exhibit A. DD Form 149, dated 20 Jun 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. HQ AFPC/DPPD Letter, dated 5 Aug 05.
Exhibit D. SAF/MRBR Letter, dated 12 Aug 05.
Exhibit E. Applicant Letter, dated 16 Aug 05.
CHARLENE M. BRADLEY
Panel Chair
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