RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03537
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be changed to
honorable and his narrative reason of misconduct be changed to
medical reasons.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He had a traumatizing experience while in the Air Force that led
to many stress related problems on his job.
After his separation from the Air Force, the Department of
Veterans Affairs (DVA) rated him at 70 percent disabled due to
major depression.
He paid for the Montgomery GI Bill and is unable to use the
benefit.
In support of his request, applicant provided statements in his
own behalf and a copy of his rating letter from the DVA.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 21 Nov 95 and
served for a period of 2 years, 5 months and 11 days.
On 18 Feb 98, the applicant received a referral enlisted
performance report (EPR).
On 27 Apr 98, the applicant was notified of pending discharge
action. Records indicate he received an Article 15, Record of
Non-judicial Punishment, a Letter of Reprimand, two Letters of
Counseling, a verbal counseling, and failed to meet proficiency
standards to perform his duties.
On 30 Apr 98, the staff judge advocate found the discharge
legally sufficient and the discharge authority directed that the
applicant be discharged with a general (under honorable
conditions) discharge. The applicant was discharged on 1 May
98.
________________________________________________________________
_
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The applicant
has been given service connection and disability compensation
for a Major Depressive Disorder. During military service he
committed a number of minor disciplinary infractions, none of
which, in the opinion of the BCMR Medical Consultant, bear a
casual or mitigating relationship with his post-service
diagnosis of Major Depressive Disorder; even though service
connection has been established by the DVA. During the
applicants military service there is no indication or record of
a chronic or acute mental impairment that would warrant a
referral for a Medical Evaluation Board (MEB) and the
determination of the applicants fitness to serve by a Physical
Evaluation Board (PEB). Considering the results of the
applicants intellectual, cognitive, and academic testing; it is
more likely than not that a learning disability may have
contributed to his repeated failures in on-the-job training.
While unsatisfactory duty performance in many instances could
result in an honorable service characterization, the applicants
accompanying unmitigated misconduct makes such a finding
inappropriate.
The complete BCMR Medical Consultants evaluation is at Exhibit
C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states that his separation had absolutely nothing
to do with him failing to remain in his dormitory, wrongfully
entering the dormitory living quarters with a female, false
official statements with the intent to deceive, and unexcused
absence from duty, but rather his constant learning disabilities
which resulted in minor disciplinary infractions.
He states the evidence of record does not indicate that he was
discharged from the service for the convenience of the
Government, misconduct, hardship, a service connected
disability, a medical condition that preexisted service and not
characterized as a disability, or a physical or mental condition
not characterized as a disability, but the result of his own
will, which interfered with his performance of duty. He states
his evidence shows he decided to separate from the military on
his own willfulness.
The applicants complete response, with attachments, 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. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the BCMR Medical Consultant and adopt his rationale as the
basis for our conclusion that the applicant has not been the
victim of an error or injustice. Therefore, 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 Docket Number BC-
2007-03537 in Executive Session on 7 August 2008, under the
provisions of AFI 36-2603:
Mr. XXXXXXXXXXXXXX, Panel Chair
Mr. XXXXXXXXXXXXXX, Member
Ms. XXXXXXXXXXXXXX, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Oct 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant,
dated 25 Jun 08.
Exhibit D. Letter, SAF/MRBR, dated 27 Jun 08.
Exhibit E. Applicants Rebuttal, undated, w/atchs.
XXXXXXXXXXXXXXXX
Panel Chair
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