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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