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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