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AF | BCMR | CY2008 | BC-2007-03284
Original file (BC-2007-03284.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03284
            INDEX CODE:  110.00
            COUNSEL:  The American Legion

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The following changes be made to his DD Form 214, Armed  Forces  of  the
United States Report of Transfer or Discharge:

      a)  Block 11 be changed to read "Discharged  for  the  Convenience  of
the Government."

      b)  Block 32 be changed to read "Officer entitled to back pay  from  4
Jun 1963 to 12 Mar 1990 with  normally  expected  promotions  in  accordance
with 5 U.S. Code 5596."

2.  The narrative summary and related documents which  supported  the  false
diagnosis on the DD Form 214 from his records be expunged from his record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He  satisfactorily  performed  his  military  duties.   He  has  never   had
schizophrenia, paranoid type, VA code 9302 as indicated on his DD Form  214.
 He has been unable to obtain  employment  and  his  social  life  has  been
affected.

In support of the application, the applicant  submits  personal  statements,
excerpts of documents from his Department of Veterans Affairs (DVA)  medical
record  and  military  service  record,  newspaper  articles,   and   church
contribution statements.

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

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant’s military records, are contained in the letters prepared  by  the
appropriate office of the Air Force at Exhibits C and E.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSD recommends denial.  On 21 Mar 63, a  Medical  Evaluation  Board
(MEB) was held for the applicant because  of  his  acute,  severe,  paranoid
state with homicidal tendencies toward his wife.  On 12 Mar 63, an  Informal
Physical Evaluation Board (IPEB)  recommended  placement  on  the  Temporary
Disability Retired List (TDRL) with a  100  percent  disability  rating  for
schizophrenic reaction, paranoid type, acute,  moderately  severe,  VA  Code
9203.  On 28 Mar 63, the applicant nonconcurred with the IPEB  findings  and
was appointed military counsel to  represent  him  at  his  Formal  Physical
Evaluation Board (FPEB) hearing.  The FPEB  agreed  with  the  findings  and
recommendations of the IPEB.  The applicant concurred and Special Order  AB-
6312, dated 14 May 63, was issued and he was placed on the TDRL effective  3
Jun 63.  He was transferred  to  a  Veteran's  Hospital  on  9  Apr  63  and
discharged on 9 Jul 63.  On 16 Nov 64, the IPEB reviewed the  required  TDRL
re-evaluation narrative and recommended he be  removed  from  the  TDRL  and
discharged with severance pay with a 10 percent disability  rating.   On  15
Dec 63, the Secretary of the Air Force Personnel  Counsel  (SAFPC)  reviewed
his  rebuttal  to  the  FPEB  findings  and  concurred   with   the   IPEB's
recommendation.  The applicant concurred and Special Order  AC-23551,  dated
16 Dec 64, was issued.  He was removed from the TDRL on 5 Jan 65.

The complete DPSD evaluation is at Exhibit C.

The BCMR Medical Consultant  recommends  denial.   The  diagnosis  initially
given  to  the  applicant  changed  from  "Paranoid  State"   to   "Paranoid
Personality" at the end of his tenure in TDRL status. There is  no  evidence
to invalidate the diagnostic conclusions initially reached by mental  health
experts and the decision rendered by the PEB.  Based upon  his  demonstrated
pattern of behavior and the narrative summation of  his  medical  condition,
the BCMR Medical Consultant finds no error or injustice in the  decision  of
his physicians to conduct the MEB and PEB proceedings  for  a  determination
of his fitness to serve, that resulted in his placement on the TDRL.

His  final  diagnosis  of  "Paranoid  Personality"  is   a   non-compensable
unsuiting condition, which  if  initially  diagnosed  in  1963,  would  have
qualified him for an involuntary administrative discharge.

The VA disability rating code initially utilized in  1963  by  the  PEB  was
reportedly 9203, indicating "Schizophrenia, paranoid type,"  and  VA  rating
code 9208 was utilized in the final  PEB  action,  depicting  a  "Delusional
Disorder."  By today's standards the applicant likely would have been  given
an analogous VA code, for a condition that more closely matches his  symptom
complex.

The  applicant  secured  and  sustained  employment  early   following   his
discharge (TDRL placement) and for the decade following his discharge,  with
several federal  agencies.   He  also  accumulated  a  number  of  laudatory
letters descriptive  of  his  duty  performance  and  contributions  to  the
mission  of  the  organization   concerned.    However,   his   post-service
functionality does not invalidate  the  diagnostic  findings  and  decisions
that resulted in the termination of his Air Force career.

The complete BCMR Medical Consultant's evaluation is at Exhibit E.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In a letter dated  17  Apr  08,  applicant's  counsel  states  her  client's
outstanding post-service conduct and accomplishments have been  sufficiently
creditable to warrant the Board's relief based on clemency.

Counsel's complete response is at Exhibit F.

The applicant submitted an affidavit with an 11-page rebuttal statement
reiterating arguments made in his initial application.

His complete submission is at Exhibit H.
_________________________________________________________________

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.   Evidence  has  not  been  presented  that
would lead us to believe the applicant’s discharge was improper or  contrary
to the provisions of the governing directive.  Therefore, we agree with  the
opinion  and  recommendation  of   the   Air   Force   office   of   primary
responsibility and the BCMR Medical Consultant and adopt their rationale  as
the basis for the conclusion that the applicant has not been the  victim  of
an error or injustice and find no basis to  recommend  granting  the  relief
sought in this application.

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.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 this application in  Executive
Session on 9 Jul 08, under the provisions of AFI 36-2603:

               Ms. Charlene M. Bradley, Panel Chair
               Mr. Anthony P. Reardon, Member
               Ms. Josephine L. Davis, Member

The following documentary evidence was considered in AFBCMR BC-2007-03284:

    Exhibit A.  DD Form 149, dated 29 Oct 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSD, dated 6 Mar 08.
    Exhibit D.  Letter, SAF/MRBR, dated 15 May 08.
    Exhibit E.  Letter, BCMR Med Consultant, dated 15 May 08.
    Exhibit F.  Letter, SAF/MRBR, dated 15 May 08.
    Exhibit G.  Affadavit, Applicant, dated 4 Jun 08.



                                   CHARLENE M. BRADLEY
                                   Panel Chair

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