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AF | BCMR | CY2006 | BC-2006-02729
Original file (BC-2006-02729.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-02729
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  7 MARCH 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His honorable discharge be changed to a disability discharge.

He be given some type  of  compensation  based  on  the  lack  of  treatment
provided to his wife while he was on active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While he was TDY to Guam his wife had a mental break down and was unable  to
care for their two children.  His wife was hospitalized for  ten  weeks  and
diagnosed as a paranoid schizophrenic  with  delusions  and  hallucinations.
His wife needed 24-hour guarded care.  She went to live with his  mother  in
San Pedro, CA, approximately two hours from the  base.   He  asked  the  Air
Force to station him at an Army base close to San  Pedro,  and  his  request
was turned down because his wife’s illness would be too long.  He  continued
commuting back and forth for two or three months while his  wife  was  under
the care of doctors and being taken care of by his  mother.   While  working
one evening he mentioned his situation to  a  Chaplain.   The  next  day  he
received a call from personnel to come and pick up his discharge papers  and
to be off the base by noon.  He was told it was costing the Air  Force  four
thousand dollars a month to treat  his  wife  and  they  had  no  place  for
civilians to be treated, and that if it was him with the problem they  could
treat him but not her.  He received an Honorable discharge, but he  believes
the Air Force should  have  done  more  to  help  him,  “like  a  disability
discharge or something.”  He stayed with his  wife  for  seven  more  years.
Today she lives in a state institution and will for the rest of her life.

In support of his request, applicant provided his personal statement.

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  26
Nov  62.   He  served  on  continuous  active  duty  and  entered  his  last
enlistment on 26 Nov 66.  His highest grade held was sergeant (E-4).

On 10 May 68, applicant voluntarily submitted a request for discharge  under
the provisions of AFM-39-10 for hardship reasons.   Specifically,  his  wife
had been diagnosed with a schizophrenic reaction, paranoid type and he  felt
the only way he could save his wife from prolonged  hospitalization  was  to
separate from the Air Force.

On 20 May 68, the 807th  Medical  Group  reviewed  the  case  and  found  it
sufficient to support applicant’s request for a hardship discharge.   On  24
May 68, the Staff Judge Advocate found the case file legally sufficient  and
recommended approval.  They also recommended applicant receive an  honorable
discharge.  The discharge authority approved the request for  discharge  and
directed that the applicant be separated with an honorable discharge.

On 4 Jun 66, applicant was released from active duty and transferred to  the
Air Force Reserve, in the grade of sergeant, under the provisions of AFM 39-
10, for Hardship, with service characterized as honorable.  He was  credited
with five years, six months, and nine days of active military  service.   On
25 Nov 68, applicant was honorably discharge from the Air Force Reserve.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be  denied  and  states,  in  part,
based on the documentation on file in  the  master  personnel  records,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The discharge was  within  the  discretion  of
the discharge authority.

The applicant did  not  submit  any  evidence  or  identify  any  errors  or
injustices that occurred in the  discharge  processing.   Additionally,  the
applicant provided no  facts  warranting  his  discharge  be  changed  to  a
disability discharge.

A complete copy of the Air Force evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he does not remember asking for a discharge.  He  asked  to
be transferred to an Army base in San Pedro.  He was told  his  request  was
turned down because it would take too long for his wife to recover from  her
illness.  He may have asked for  the  discharge  at  that  time  because  he
thought there was nothing else he could do.  So the record may be correct.

He believes the Chaplain he casually spoke to about his situation  told  the
wing commander and that is how his discharge came about with no warning.

He does not have any evidence to submit, just his  word  that  what  he  has
said is true and accurate as best he can recall.  He does not  know  if  the
Air Force acted as they should have, or, if someone just saw an easy way  to
get rid of the problem.   He  strongly  feels  the  Air  Force  should  have
treated his wife and let him stay in the service, or  at  least  given  some
advice as to what his options were.

Applicant's complete response is 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.   After  careful  consideration  of  the
available evidence, the discharge appears  to  be  in  compliance  with  the
governing directives in effect at the  time  and  we  find  no  evidence  to
indicate  that  the  applicant’s  separation  from   the   Air   Force   was
inappropriate.  We find  no  evidence  of  error  in  this  case  and  after
thoroughly reviewing the documentation that has been  submitted  in  support
of applicant’s appeal, we do not believe he has suffered from an  injustice.
 In addition, the applicant voluntarily submitted his request for  discharge
for hardship  reasons.   Therefore,  based  on  the  available  evidence  of
record, we find no basis upon which to favorably consider his request.

_________________________________________________________________

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  Docket  Number     BC-2006-
02729 in Executive Session on 31 October 2006, under the provisions  of  AFI
36-2603:

      Ms. Martha J. Evans, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Ms. Jan Mulligan, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
02729 was considered:

    Exhibit A.  DD Form 149, dated 30 Aug 06, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 20 Sep 06.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Sep 06.
    Exhibit E.  Letter, Applicant, dated 3 Oct 06.




                                             MARTHA J. EVANS
                                             Panel Chair

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