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AF | BCMR | CY2008 | BC-2007-00370
Original file (BC-2007-00370.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00370
            INDEX CODE:  110.00
            COUNSEL: NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be changed to reflect  he
received a medical discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The psychiatrist who examined,  treated  and  diagnosed  him  recommended  a
medical  separation;  however,  the  recommendation  for  an  administrative
separation by  the  consulting  physician  who  never  interviewed  him  was
followed, effectively denied him further medical treatment for  a  condition
caused by and during his military career.

In support of his application, applicant provided a  copy  of  his  DD  Form
214,  statements  from  his  physicians   and   personal   statements,   and
documentation extracted from his medical records.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19 Feb 70, as  an  airman
basic for a period of four years.

On  20  Dec  71,  the  applicant’s  commander  notified  him  that  he   was
recommending him for discharge from  the  Air  Force  for  a  character  and
behavior disorder.  The specific reason for the discharge  action  was  that
the applicant was diagnosed by the base psychiatric clinic with a  character
and behavior disorder.  The applicant was diagnosed as  having  a  “schizoid
personality, severe, with passive dependence and immaturity.”

An evaluation officer was appointed to  review  his  case.   The  evaluation
officer conducted an interview with the applicant,
reviewed  the  applicant’s  records  and  comments  by  his  commander,  and
recommended the applicant be discharged from the Air Force  with  a  general
discharge.

On 11 Jan 72, the staff judge advocate reviewed  the  applicant’s  case  and
found it legally  sufficient  to  support  separation  and  recommended  the
applicant be discharged with an honorable discharge.

On 13 Jan 72, the discharge authority directed the applicant  be  discharged
with a general discharge.

The applicant was discharged on 14 Jan 72,  in  the  grade  of  airman.   He
served a 1 year, 9 months and 27 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant recommends the  requested  relief  be  denied.
The  Medical  Consultant  states  according   to   Department   of   Defense
Instruction 1332.38, Enclosure 5 (Conditions  not  constituting  a  physical
disability) paragraph E5.1.2.9.2, personality disorders are  not  considered
eligible  for  disability  determination   or   compensation.    Personality
disorders are  lifelong  patterns  of  maladjustments  in  the  individual’s
personality structure and are not medically disqualifying or  unfitting  but
may render the individual unsuitable for further military  service  and  may
be cause for administrative  action  by  the  individual’s  unit  commander.
Personality disorders are frequently exacerbated by  stress  and  frequently
present with symptoms consistent with adjustment disorder.

Personality disorders are not disease states, but are enduring  patterns  of
perception, coping, emotions, and behavior that  deviate  from  expectations
of the individual’s culture (including occupational), and leads to  distress
or impairment.   Due  to  pervasive  and  inflexible  features,  personality
disorders  significantly  predispose  individuals  to  the  development   of
depressions  or  anxiety  and  other  difficulties.   Often  the  nature  of
military duty places greater pressures on the individual than  on  civilians
in similar duties, and these disorders frequently become more manifest.

Adjustment and personality disorders are conditions that alone  or  together
may render an individual unsuitable for military service and subject  to  an
administrative discharge.  During periods of stress, the  manifestations  of
personality  and  adjustment  disorders  including  the  maladaptive  coping
mechanisms typically become more apparent and thus more  readily  identified
by mental
health professionals.  A history of personality disorder  severe  enough  to
warrant administrative discharge is disqualifying for reenlistment into  the
military.

The Military Disability Evaluation System, established  to  maintain  a  fit
and  vital  fighting  force,  can  by  law  under  Title  10,   only   offer
compensation  for  those  service  incurred  diseases  or   injuries   which
specifically rendered a member unfit for continued active service, were  the
cause  of  termination  of  their  career,  and  then  only  for  degree  of
impairment present at the  time  of  separation  and  not  based  on  future
possibilities.  The mere presence of a medical condition does not qualify  a
member for disability evaluation.  For an individual to be considered  unfit
for continued military service  there  must  be  a  medical  condition  that
prevents performance of any work commensurate with rank  and  experience  or
precludes assignment to  military  duties.   Once  an  individual  has  been
declared unfit, the Service Secretaries are required  by  law  to  rate  the
condition based upon the degree of  disability  at  the  time  of  permanent
disposition and not on future events.  No change in disability  ratings  can
occur after a permanent disposition, even though the  condition  may  become
better or worse.

The Department of Veterans Affairs (DVA) operates under a  separate  set  of
laws and specifically addresses long term medical care, social  support  and
educational assistance.  The DVA is  chartered  to  offer  compensation  and
care to all eligible veterans for any service connected  disease  or  injury
without regard to whether it was unfitting for continued  military  service.
The DVA is also  empowered  to  reevaluate  veterans  periodically  for  the
purpose  of  the  changing  their  disability  awards  if  their  level   of
impairment varies over time.  Thus the two systems represent a continuum  of
medical care and disability compensation that starts with entry onto  active
duty and extends for the life of the veteran

The AFBCMR Medical Consultant’s evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 16  Nov
07 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

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 an error or an injustice regarding the applicant's  request  to
change his general discharge  to  a  medical  discharge.   After  thoroughly
reviewing the evidence of record, we find  no  evidence  to  show  that  the
applicant’s discharge was erroneous  or  unjust.   The  evidence  of  record
shows that his medical condition was properly adjudicated  and  we  find  no
evidence which would lead us to believe otherwise.   Therefore,  we  are  in
agreement  with  the  opinion  and  recommendation  by  the  AFBCMR  Medical
Consultant and adopt his rationale as the basis for our conclusion that  the
applicant has not been the victim of an error or an injustice.

4.    Notwithstanding the  above,  sufficient  relevant  evidence  has  been
presented to  demonstrate  the  existence  of  an  injustice  regarding  the
characterization of the applicant's service.  In this respect,  while  there
was some evidence of misconduct, the discharge  proceedings  were  initiated
after the applicant was diagnosed with a character and behavior disorder  by
competent medical  authority,  not  because  of  his  misconduct.   Comments
provided by the attending physician and the staff judge advocate  allude  to
the fact that the underlying cause of his misconduct may have  been  brought
about by his medical problems and an honorable  discharge  was  recommended.
In view of these factors, it is our opinion that characterizing his  service
as anything  other  than  honorable  was  not  justified.   Accordingly,  we
recommend his records be corrected to reflect he was  honorably  discharged,
as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force  relating
to APPLICANT be corrected to show that on 14 January 1972, he was honorably
discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
00370 in Executive Session on 18 Dec 07 under  the  provisions  of  AFI  36-
2603:

                       Mr. Michael J. Novel, Panel Chair
                       Mr. Anthony P. Reardon, Member
                       Ms. Marcia Jane Bachman, Member

All members voted to correct the  records  as  recommended.   The  following
documentary evidence pertaining to AFBCMR Docket  Number  BC-2007-00370  was
considered:

      Exhibit A. DD Form 149, dated 31 Jan 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 15 Nov 07.
      Exhibit D. Letter, SAF/MRBR, dated 16 Nov 07.




                             MICHAEL J. NOVEL
                             Panel Chair







AFBCMR BC-2007-00370


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116) it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to           , be corrected to show that on 14 January
1972, he was honorably discharged and furnished a Honorable Discharge
certificate.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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