RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00593
INDEX CODE: 110.00
xxxxxxxxxxxx COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His honorable discharge be changed to a medical discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been medically discharged due to the fact the Department of
Veterans Affairs (DVA) has deemed him 100% disabled for Post-Traumatic
Stress Disorder (PTSD). He did not know he had PTSD at the time of his
discharge.
In support of his request, the applicant provides a copy of his DVA rating
decision, DD Form 214 and the second page to an Airman Performance Report
(APR). The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Air Force from 30 Apr 79 to 16 Feb 82, and
received an honorable discharge. His highest grade held was staff
sergeant, having assumed that grade effective and with a date of rank of 1
Aug 80.
On 11 Aug 81, the applicant was entered into the drug rehabilitation
program. While in the program, he received two additional positive
urinalysis tests and was declared a program failure.
On 3 Dec 81, the applicant’s commander notified him that he was
recommending he be discharged from the Air Force for personal abuse of
drugs. The commander recommended an honorable discharge. On 3 Dec 81,
applicant acknowledged receipt of the notification of discharge. He was
advised of his rights, consulted counsel and elected to submit statements
in his own behalf.
The Staff Judge Advocate found the case file legally sufficient to support
an honorable discharge without probation and rehabilitation. The discharge
authority approved the separation and directed an honorable discharge.
He was discharged on 16 Feb 82, in the grade of staff sergeant, under the
provisions of AFM 39-12, by reason of personal abuse of drugs other than
alcohol, and received an honorable discharge. He served on active duty for
a period of 10 years, 6 months, and 17 days.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The BCMR Medical Consultant
states that at the time of the applicant's discharge there was no
indication he was either suffering from a medical condition that impaired
his ability to perform his military duties or one that independently
warranted, by virtue of established medical policies a referral for a
Medical Evaluation Board (MEB). Thus, his medical fitness for duty was
never brought into question. The BCMR Medical Consultant advises that the
DVA is authorized to offer compensation for any medical condition found to
be service-connected without regard to its previously demonstrated impact,
or lack thereof, upon his retainability. The complete BCMR Medical
Consultant evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 16 May
08 for review and response 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 error or injustice. We are not persuaded by the evidence
presented that the applicant’s discharge was improper or contrary to the
provisions of the governing regulations, which implement the law. The
applicant points to the service-connection determination and the disability
assessment and rating he received from the DVA. We note that, by law, the
DVA is a separate Federal agency with a different mission governed by
different standards and its decisions are not binding on this Board. The
DVA finding that the applicant’s condition was incurred during or
aggravated by his service appears to be contravened by the evidence of
record that at the time of the applicant's discharge there was no
indication he was either suffering from a medical condition that impaired
his ability to perform his military duties or one that warranted a referral
for an MEB. Therefore, we are in agreement with the BCMR Medical
Consultant's assessment that the applicant has not been the victim of an
error or injustice. In the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
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-2008-
00593 in Executive Session on 16 Jul 08, under the provisions of AFI 36-
2603:
Mr. Jay H. Jordan, Panel Chair
Mr. Steven A. Cantrell, Member
Mr. Kurt R. LaFrance, Member
The following documentary evidence pertaining to Docket Number BC-
2008-00593 was considered:
Exhibit A. DD Form 149, dated 8 Feb 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 12 May 08.
Exhibit D. Letter, SAF/MRBR, dated 16 May 08.
JAY H. JORDAN
Panel Chair
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