RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00691
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 AUGUST 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be changed to a medical discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He experienced head and lung injuries and he was raped while on active
duty.
His psychiatrist told him that he had a condition and that he could ask for
a disability discharge.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 12 May 70, for a period of
four years in the grade of airman basic. His highest grade held was
airman.
Applicant was notified by his squadron commander that he was recommending
he be discharged from the Air Force for unsuitability based on character
and behavior disorders. A mental health evaluation on 19 Oct 70, indicated
impressions of stress reaction manifested by anxiety, sociopathic
personality, manifested by behavior not conforming to the social norms,
inability to delay gratification, and manipulative behavior. There was no
evidence of psychiatric illness to warrant action under AFM 35-4.
Applicant received three Article 15 punishments: 1) On 20 Oct 70, for
being AWOL from on or about (o/a) 1 Oct 70 until o/a 4 Oct 70.
Punishment imposed was 14 days extra duty and a suspended reduction in
grade to airman basic; 2) On 16 Jul 71, for failure to report o/a 10 and
12 Jul 71. Punishment imposed was reduction in grade to airman basic; and
3) On 8 Sep 71, for failure to report o/a 31 Aug 71. Punishment imposed
was confinement to the base for 45 days and 45 days extra duty, to be
served concurrently.
On 5 Oct 71, applicant signed a statement indicating he was interviewed and
counseled by an evaluation officer, that he did not desire to submit
statements in his own behalf, and that he did not desire to undergo
rehabilitation.
The staff judge advocate reviewed the case and found it legally sufficient
to support separation and recommended that applicant receive a general
discharge. The discharge authority approved the separation and directed a
general discharge.
Applicant was discharged on 22 Oct 71, in the grade of airman basic, under
the provisions of AFM 39-12, and received a general discharge. He served
on active duty for a period of one year, five months, and eight days.
On 6 Nov 86, applicant applied to the Air Force Discharge Review Board
(AFDRB) requesting that his discharge be upgraded to honorable. After
review of the evidence of record, the AFDRB concluded that the discharge
was consistent with the procedural and substantive requirements of the
discharge regulation and was within the discretion of the discharge
authority and that the applicant was provided full administrative due
process. The Board further concluded that there exists no legal or
equitable basis for upgrade of applicant’s discharge, thus the discharge
should not be changed. A copy of the AFDRB findings is attached at Exhibit
C.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant is of the opinion no change in the records is
warranted. Action and disposition in this case are proper and equitable
reflecting compliance with Air Force directives that implement the law.
A review of the available medical records does not substantiate a history
of rape. Hospitalization for head and chest trauma is documented in July
1970, including treatment of traumatic pneumothorax (collapsed lung),
without evidence of residual complications. The applicant was found
medically qualified for world wide duty by physical exam and chest x-ray on
23 Sep 71, immediately prior to his separation. There is, therefore, no
basis on which to establish a non-psychiatric medical basis for discharge.
The medical records substantiate a pattern of persistent maladaptive
behavior, including alcohol abuse, fighting, suicide gestures and defiance
of authority. The applicant had a mental health evaluation in October
1970, diagnosing a sociopathic personality (a Personality Disorder);
additional psychiatric consultation more proximate to the time of his
discharge was apparently thwarted by his failure to attend scheduled
appointments.
The then applicable Air Force Manual 160-1, Medical Examination and Medical
Standards, paragraph 5-13c(1) (Medical Standards for Worldwide Service and
Continued Active Duty), categorized Personality Disorders to include
Character and Behavior Disorders, and identified them as “rendering an
individual unsuitable rather than unfitting because of physical
disability.” Unsuiting mental conditions, including Character and Behavior
Disorders, were in 1971, a basis for administrative separation rather than
medical discharge, as then detailed in AFM 35-12, paragraph 2-4b; the same
is true today. The applicant’s administrative discharge was therefore
appropriate, and the characterization of his discharge was consistent with
the severity/persistence of his misconduct, as directed by AFM-35-12,
paragraph 2-3.
The BCMR Medical Consultant’s evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 30 Aug 07, a copy of the Air Force evaluation was forwarded to the
applicant for review and comment within 30 days. To date, a response has
not been received.
_________________________________________________________________
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-
00691 in Executive Session on 16 October 2007, under the provisions of AFI
36-2603:
Mr. John B. Hennessey, Panel Chair
Ms. Dee R. Reardon, Member
Mr. Jeffery R. Shelton, Member
The following documentary evidence pertaining to Docket Number BC-2007-
00691 was considered:
Exhibit A. DD Form 149, dated 26 Feb 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFDRB Hearing Record.
Exhibit D. Memorandum, BCMR Medical Consultant,
dated 29 Aug 07.
Exhibit E. Letter, SAF/MRBR, dated 30 Aug 07.
JOHN B. HENNESSEY
Panel Chair
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