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AF | BCMR | CY2006 | BC-2006-01116
Original file (BC-2006-01116.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01116
            INDEX CODE:  107.00; 129.04
            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  13 JULY 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His rank of E-5 be reinstated.
2.  He be paid VA benefits, retroactively.
3.  He be awarded the Purple Heart (PH) medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been diagnosed with post-traumatic stress disorder (PTSD).   He  lost
his rank and was discharged early because  of  PTSD  and  states  the  rules
pertaining to PTSD awards and benefits  need  to  be  changed  for  all  who
suffer.

In  support  of  the  application,  the  applicant  submits  copies  of   VA
documents, DD  214,  and  correspondence  to  and  from  his  senator.   The
applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on  24  April  1968.   He
was progressively promoted to the grade  of  Staff  Sergeant  effective  and
with a date of rank of 1 August 1971.

On 6 December 1971, he received an Article  15  for  leaving  his  appointed
place of duty and failing to have his hair cut to conform  with  AFM  35-10.
For this offense, he was reduced to the grade of sergeant and  fined  $80.00
for one month.  On 16 December 1971, he submitted a statement in his  behalf
appealing  the  punishment.   The  wing  commander  denied  the  applicant’s
request for appeal.

On 20 December 1971, he received an Article 15 for  failing  to  go  at  the
time prescribed to his appointed  place  of  duty.   For  this  offense,  he
reduced to the grade of airman first class.
On 17 March 1972, he was denied reenlistment and  involuntarily  discharged.
He was issued an honorable discharge certificate.  He had  served  3  years,
10 months and 24 days on active duty.

His report of medical examination for separation does not reflect  diagnoses
of PTSD.

In a VA rating decision dated May 15, 2000, the  applicant  was  granted  30
percent compensation for  service-connected  PTSD.   In  January  2001,  his
compensation for PTSD was increased to 50 percent.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends denial of the applicant’s request for  restoration
of rank to SSgt.  DPPPWB opines that the demotion actions taken against  the
applicant were procedurally correct and there is no evidence there were  any
irregularities or that the case was mishandled.

The complete evaluation is at Exhibit C.

HQ AFPC/DPPPR recommends denial of the applicant’s request for the PH  based
on the fact he is requesting the PH for a non-enemy action  injury.    DPPPR
states the PH is awarded for wounds or death as result  of  an  act  of  any
opposing Armed Force as a result of an international terrorist attack or  as
a result of military operations while serving  as  part  of  a  peacekeeping
force.  DPPPR concludes there is no evidence  in  the  applicant’s  official
record or documentation provided to verify he was injured by enemy action.

The complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the applicant on 26  May
2006 for review and comment within 30 days.  As of this  date,  this  office
has received no response (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.  We  note  the  reasons  discharge
proceedings were initiated against the applicant are well documented in  the
record and no evidence has been presented that would lead us to believe  his
discharge was improper or  contrary  to  the  provisions  of  the  governing
directive.  Therefore, we find no basis on which to grant  his  request  for
restoration to the grade of E-5.  Additionally,  we  are  not  persuaded  he
should be awarded the PH medal as he has provided  no  documentary  evidence
that would establish his entitlement  to  the  award.   In  regards  to  his
request for retroactive payment of VA benefits, this  is  a  matter  outside
the purview of this Board.

_________________________________________________________________

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 this application in  Executive
Session on 25 July 2006, under the provisions of AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Elwood C. Lewis III, Member

The following documentary evidence was considered in  AFBCMR  Docket  Number
BC-2006-01116:

    Exhibit A.  DD Form 149, dated 4 Mar 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPW, dated 28 Apr 06.
    Exhibit D.  Letter, HQ AFPC/DPPPR dated 11 May 06.
    Exhibit E.  Letter, SAF/MRBR, dated 26 May 06.



      JAMES W. RUSSELL III
      Panel Chair

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