RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-01870
            INDEX CODE: 110.00
XXXXXXX                           COUNSEL:  NONE
                                   HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was medically retired retroactive to
his date of separation (DOS).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was diagnosed with a schizoid personality, chronic  neurotic  depressive
prior to his separation from the Air Force.  Despite that diagnosis, he was
tried  and  found   guilty   by   a   Special   Court-Martial   and   later
administratively separated.  Although it has been many  decades  since  his
separation, he recently learned about this process  when  he  attempted  to
reopen his Department of Veterans Affairs (DVA) claim.  He and  his  family
suffered greatly from the time he was  separated  in  1956  until  the  DVA
granted his service connection  and  compensation  for  his  mental  health
disorder.  He has been pre-occupied with this injustice  for  the  last  51
years.

In support of his  request,  the  applicant  submits  personal  letters  and
documentation extracted from his military  personnel  and  medical  records,
copies of  his  Record  of  Trial,  character  references,  Social  Security
Earnings   report,   FBI   inquiry/correspondence,    exceptional    service
performance documents, information from  his  personal  files,  adverse  in-
service stressors documents, Tuskegee Airman correspondence and  an  inquiry
from Senator Patty Murray.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 13 September 1955 he was convicted by a special court-martial for  three
specifications of being absent  without  leave  (AWOL)  on  three  separate
occasions between July and August 1955.  His sentence included a  reduction
from staff sergeant to airman first class.

On 7 March 1956, he was administratively discharged from the Air Force with
a general (under honorable conditions) discharge.

He served a total of 9 years, 8 months and 26 days on active duty.

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AIR FORCE EVALUATION:

HQ AFLOA/JAJM recommends denial.   JAJM  states  the  AFBCMR’s  ability  to
correct records related to courts-martial  is  limited.   Specifically,  it
permits the correction of a record to reflect actions  taken  by  reviewing
authorities  under  the  Uniform   Code   of   Military   Justice   (UCMJ).
Additionally, it permits the correction of records related to action on the
sentence of courts-martial for the purpose of clemency.  Apart  from  these
two limited exceptions, the AFBCMR is without  authority  to  reverse,  set
aside, or otherwise expunge a court-martial conviction that occurred in  or
after 5 May 1950 (the effective date of the UCMJ).   With  respect  to  the
choice of forum made in this situation,  commanders  “on  the  scene”  have
first-hand access to facts and a  unique  appreciation  for  the  needs  of
morale and discipline in  their  command  that  even  the  best-intentioned
higher headquarters cannot match.  So long  as  they  are  lawfully  acting
within the scope of authority granted by law, their judgment should not  be
disturbed just because others might disagree.  While  his  diagnosis  is  a
mental health condition, there is no showing on his part, or in the records
provided, that his diagnosis prevented his understanding of his actions, or
prevented him from being able to assist in his own defense at the  time  of
his court-martial.  At his court-martial, he  was  represented  by  defense
counsel and elected to testify in his own defense.  There is nothing in the
record, or the court-martial summary, to indicate that a nine-year  veteran
of military service did not know how to follow the rules to obtain a  leave
or pass, or did not have the knowledge that  without  such  permission  his
absence could be characterized as absence without leave.  While clemency is
an option, there is no reason for the Board to exercise  clemency  in  this
case.  It seems  clear  that  the  applicant  is  looking  to  improve  his
situation.  The applicant presents no evidence  to  warrant  upgrading  his
discharge characterization, and does not demonstrate an equitable basis for
relief.  In addition, his request, made over fifty years  after  the  court
martial, is untimely.

The complete JAJM evaluation is at Exhibit C.

The BCMR Medical Consultant  recommends  denial.   The  Medical  Consultant
states the applicant's  personality  disorder  may  manifest  with  altered
perceptions but did not interfere with his ability to  differentiate  right
from wrong.  Hence, his wrongdoings were not the result of his  personality
disorder, although he may  have  perceived  that  he  would/should  not  be
punished for his  actions.   Additionally,  current  DoD  polices  consider
personality disorders as non-compensable conditions.  It is unknown if this
policy was in effect at the time of his discharge, but there is no evidence
that his personality disorder was disabling at the time of discharge.  Thus
a medical retirement with  compensation  would  not  be  appropriate.   The
evidence of record shows the applicant’s schizoid personality disorder  was
neither disabling nor disqualifying for  disability  consideration  at  the
time of his discharge.  Action and disposition in this case are proper  and
equitable reflecting compliance with Air Force  directives  that  implement
the law.

The complete Medical Consultant evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded with a detailed account of some the issues he  faced
prior to his separation from the Air Force.

The  applicant’s  son  responded  with  his  opinion/disagreement  with  the
Medical advisory and some of issues his father faced.

The complete response, with attachments, is at Exhibit E.

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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  injustice.   The  applicant  has  requested  his
discharge be upgraded based on his  diagnoses  of  a  schizoid  personality,
prior to his separation from the Air Force.   However,  we  agree  with  the
opinion of the  Medical  Consultant  concerning  this  issue  and  find  the
applicant's assertions, alone, do not provide a basis to support  a  finding
that his misconduct or his ability to serve satisfactorily was  attributable
to or affected by his medical condition.   Therefore,  finding  no  evidence
that a medical condition existed at the time of his  discharge  which  would
warrant processing through the disability  evaluation  system,  we  find  no
basis upon which to recommend granting the relief requested.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.

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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 AFBCMR Docket Number  BC-2007-
01870 in Executive Session on 27 February 2008, under the provisions of  AFI
36-2603:

                 Mr. Michael J. Maglio, Panel Chair
                 Ms. Dee R. Reardon, Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 16 May 2007, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C   Letter, AFLOA/JAJM, dated 1 October 2007.
Exhibit D   Letter, BCMR Medical Consultant, dated 16 November 2007.
Exhibit E.  Letter, SAF/MRBR, dated 21 November 2007.
Exhibit F.  Letter, Applicant, dated 24 November 2007, w/atchs.




            MICHAEL J. MAGLIO
            Panel Chair