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AF | BCMR | CY2006 | BC-2005-02277
Original file (BC-2005-02277.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02277
            INDEX CODE:  108.00, 110.02
            COUNSEL:  NONE
            HEARING DESIRED:  Not Indicated

      MANDATORY CASE COMPLETION DATE: 23 Jan 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was retired from the  Air  Force  for
medical reasons, rather than discharged for unsuitability.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was ill long before his discharge.  His illness became critical as  early
as 1960 - two years after the Air Force used him in nuclear  experiments  at
Eniwetok Atoll.   By  April  1966,  his  illness  had  reached  catastrophic
conditions and he has never fully healed.

In  support  of  his  submission  the   applicant   provided   documentation
pertaining to his name change, a copy of his DD Form 214, and  documentation
pertaining to  a  Department  of  Veterans  Affairs  appeal.   His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  7
Nov 52.  He was progressively promoted  to  the  grade  of  staff  sergeant,
having assumed that grade effective and with a date of rank of 1 Jun 60.

On 10  Mar  66,  applicant  was  notified  by  his  commander  that  he  was
recommending he be discharged from the Air Force in accordance with AFR  39-
16, paragraph 4b, as result of a psychiatric evaluation which  indicated  he
had a character and behavior disorder.  He was  advised  of  his  rights  in
this matter and acknowledged receipt of  the  notification  on  28  Mar  66.
After consulting counsel, applicant waived his right to a hearing before  an
administrative discharge board and elected not to submit statements  on  his
own behalf.  In  a  legal  review  of  the  case,  the  acting  staff  judge
advocate, found the case legally  sufficient  and  recommended  that  he  be
discharged with  an  honorable  discharge.   On  5  Apr  66,  the  discharge
authority  concurred  with  the  recommendation  and  directed  that  he  be
honorably discharged.  Applicant was discharged on 18 Apr 66.  He served  13
years, 5 months, and 12 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD  states  Personality  Disorders  are  not
boardable conditions and therefore  required  no  Medical  Evaluation  Board
prior to discharge.  The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded that flying in a cockpit flooded  with  cigarette  smoke
for missions as long as 27 hours caused his  severe  respiratory  illnesses.
Sleep deprivation, malnutrition, and amoebic infestation caused  his  severe
hypoglycemia that has persisted until this day.  Once he fainted  in  flight
and spent the remainder of the flight unconscious.  This incident was  never
recorded in fear of tarnishing the Air Force's image.   Applicant  recounted
numerous other incidents which occurred during  his  career  and  adds  that
there were allegations of misconduct made against him that  were  irrelevant
hearsay and  at  worst  criminal  perjury.   His  complete  responses,  with
attachments, are at 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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case; however,  it  is  our
opinion that the reason and authority for his separation from the Air  Force
were appropriate under the circumstances at the time.  Moreover, we are  not
persuaded  by  his  uncorroborated  assertions  that  a  physical  condition
existed that would have warranted a finding of unfitness in accordance  with
the governing Air Force regulation, which  implements  the  law.   We  agree
with the opinion and recommendation 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  compelling  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 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-2005-
02277 in Executive Session on 28 Feb 06, under the  provisions  of  AFI  36-
2603:

      Mr. Michael J. Novel, Panel Chair
      Ms. Renee M. Collier, Member
      Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Jul 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 1 Dec 05.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Dec 05, w/atchs.
    Exhibit E.  Letter, Applicant, dated 9 Jan 06, w/atchs.




                                   MICHAEL J. NOVEL
                                   Panel Chair

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