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AF | BCMR | CY2007 | BC-2007-00691
Original file (BC-2007-00691.DOC) Auto-classification: Denied

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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