RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01133
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE:
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he was medically discharged and his
reenlistment (RE) code of 2 be changed.
________________________________________________________________
APPLICANT CONTENDS THAT:
He did not receive proper medical attention from 1973 to 1989. An
injustice was done when he was discharged from military service. He was
not told why he was being discharged. He later found documentation in his
medical records that stated he could not adjust to military life. He also
found papers stating he had a lung disease and believes that is why he was
discharged.
He went 17 years without treatment for his lung disease and it has cost him
his life. He stopped work in 1989 because he was sick all the time. By
1992, he had to be placed on oxygen and has become increasingly worse.
His condition has placed undue hardship on his wife and children. He was
not told he could possibly pass the disease through his genes to his
children. His doctors stated that had the instructions for the p-4 profile
and medical attention been given he could have avoided his present
situation. He wants to know why he was not given a medical discharge
instead of a general under honorable conditions discharge, and why he was
given an RE code of 2.
In support of his application, the applicant submits two personal
statements and excerpts from his medical records. The applicant’s complete
submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 2 Sep 71, at the age of
18 in the grade of airman basic (E-1) for a period of 4 years.
On 28 Jan 72, he received an Article 15 for being absent without leave
(AWOL) from on/about 19 Dec 71 until on/about 4 Jan 72. For this offense,
he was reduced to the grade of airman basic.
On 14 Oct 72, he received an Article 15 for being AWOL from on/about 23 Sep
72 until on/about 29 Sep 72. For this offense he was reduced to the grade
of airman basic (suspended until 15 Mar 73) and forfeited $50.00.
In a psychiatric evaluation report dated 30 Oct 72, the chief of psychiatry
stated a mental status examination of the applicant revealed him to be a
mildly depressed individual with much repressed hostility. He indicated
there was no evidence of any thinking disorder and his personal judgment
appeared to be good. He further indicated there was no mental defect,
disease or derangement which would render him incapable of distinguishing
right from wrong or adhering to the right, and that he had the mental
capacity to cooperate in his own defense in any action taken against him.
He then recommended the applicant be considered for administrative
discharge as an individual who is unable to adapt.
On 27 Feb 73, the applicant’s commander notified him that he was
recommending his separation from the Air Force under the provisions of AFR
39-12, Chapter 2, Section A, paragraph 2-4h, dated 1 Sep 66. The specific
reason for this action was the applicant’s lack of general adaptability
towards Air Force life and his apathetic and defective attitude as shown by
his extremely poor attitude towards the Air Force.
The applicant acknowledged receipt of the notification and, after
consulting his appointed evaluation officer, declined to submit a statement
in his own behalf. The commander thereafter initiated a recommendation for
the applicant’s separation.
On 5 Mar 73, the discharge authority approved the recommended separation.
The applicant was issued a General Discharge Certificate. He had served 1
year, 5 months and 12 days on active duty with 22 days of lost time.
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:
The BCMR Medical Consultant opines no change in the records is warranted.
BCMR Medical Consultant states the applicant was administratively
discharged due to lack of general adaptability towards Air Force life and
apathetic and defective attitude (manifesting as unsatisfactory duty
performance, poor compliance with Air Force standards and twice going away
without leave). Concurrent with the administrative discharge process he
was diagnosed with sarcoidosis involving the lungs that was not interfering
with performance of military duties and did not warrant referral for
disability evaluation.
The BCMR Medical Consultant affirms evidence of the service medical records
shows the applicant’s sarcoidosis did not interfere with performance of
military duties and did not warrant referral for disability evaluation at
the time of administrative discharge. Newly diagnosed pulmonary
sarcoidosis with no or minimal symptoms is not a cause for referral for
disability evaluation. Medical standards for continued military service
indicate that sarcoidosis is considered potentially disqualifying for
continued military service when it is progressive with severe or multiple
organ involvement and not responsive to therapy or interfering with
satisfactory performance of duty. At the time of his administrative
discharge, there was no evidence his pulmonary sarcoidosis was interfering
with performance of military duties in his Air Force specialty or otherwise
met guidelines in medical standards for referral for medical evaluation
board. The fact that the condition progressed over many years following
discharge leading to disability and DVA service connected disability
compensation is not a reason for change of military records.
The complete BCMR Medical Consultant’s evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 2 Oct
06 or review and comment. As of this date, a response has not been
received (Exhibit D).
________________________________________________________________
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. The applicant’s contention that
he should have been medically discharged is noted; however, in our opinion,
the detailed comments provided by the AFBCMR Medical Consultant adequately
address these allegations. In addition, we agree with his assessment
regarding the applicant’s request to change his RE code and find no basis
to conclude it is erroneous or unjust. Therefore, we are in complete
agreement with the comments and recommendation of the AFBCMR Medical
Consultant and adopt his rationale as the basis for our decision that the
applicant has not been the victim of either an error or injustice;
therefore, we find no compelling basis to recommend granting the relief
sought.
___________________________________________________________________
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 AFBCMR Docket Number BC-2006-
01133 in Executive Sessions on 20 December 2006 under the provisions of AFI
36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Lance E. Lineberger, Member
Mr. Reginald P. Howard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Mar 06, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, 25 Sep 06.
Exhibit D. Letter, SAF/MRBR, dated 2 Oct 06.
MICHAEL J. NOVEL
Panel Chair
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