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AF | BCMR | CY2006 | BC-2005-01866
Original file (BC-2005-01866.doc) Auto-classification: Denied

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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