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AF | BCMR | CY2006 | BC-2006-01133
Original file (BC-2006-01133.doc) Auto-classification: Denied

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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