RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01892

            INDEX CODE:  110:00
            COUNSEL:  NONE
            HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His records be corrected to reflect he received a medical discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He has a 100 percent service connected disability  and  his  records  should
reflect  he  received  a  medical  discharge.   His  medical  condition  was
misdiagnosed and was recently correctly diagnosed.

Applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 14 Jun 65,  the  applicant  contracted  his  initial  enlistment  in  the
Regular Air Force.

He was notified on 10 Jan 67 that he was  being  promoted  to  airman  third
class (A3C).  In January 1967, he was indicted for attempted  armed  robbery
by civil authorities.  The case was dismissed as a  result  of  a  mistrial.
Due to  the  indictment  for  attempted  armed  robbery  his  promotion  was
revoked.  He appealed the promotion revocation and the appeal was  approved.
 He was promoted to A3C with an effective date of 10 Jan 67.

The applicant's  medical  records  reflect  he  received  medical  care  for
recurring headaches and bilateral foot  pain.   His  records  also  note  he
refused a spinal tap for evaluation of  the  headaches.   He  underwent  two
mental health evaluations one of which reflected he was  still  experiencing
headaches and was somewhat angry that nothing had  been  done.   The  mental
health provider discussed the functional dynamics and  recommended  ways  of
working out his problems.  The provider  also  advised  him  that  headaches
were not the basis for a medical action and that there  was  no  psychiatric
illness. His medical records further reflected that there  was  no  evidence
of psychosis, neurosis, or organic brain disease.  His irresponsibility  and
poor job performance appeared to be related  to  his  immature  personality.
Neither his headaches
or other medical concerns  warranted  evaluation  by  a  Medical  Evaluation
Board.

On 27 Jun 67, the applicant’s commander notified  him  he  was  recommending
him for discharge for frequent involvement of a  discreditable  nature  with
military authorities.  The specific reason for the discharge action  was  he
received three Article 15's for  wrongfully  and  unlawfully  subscribing  a
false oath and failure to  go.   He  received  four  verbal  reprimands  for
failure to go, financial irresponsibility, and falling asleep  on  the  job.
The notification letter was amended to  include  financial  irresponsibility
for failure to pay  debts.   His  case  was  presented  before  a  Board  of
Officers.  The Board recommended discharge for unsuitability with  probation
and rehabilitation.   He  was  discharged  on  27  Oct  67  with  a  general
discharge without probation  and  rehabilitation.   He  served  2  years,  4
months and 14 days of active service.

The applicant appealed to the Air Force Discharge Review Board (AFDRB) on  7
Mar 83 to upgrade his discharge to honorable citing  the  dismissal  of  the
civilian charges.  The AFDRB considered  all  the  evidence  of  record  and
concluded that applicant’s discharge was consistent with the procedural  and
substantive requirements of the discharge authority and that  the  applicant
was provided full administrative due process.  The AFDRB further stated  his
overall  record  reflected  numerous  infractions  for  which  there  is  no
mitigating basis to warrant a change in his characterization.

The Department of Veterans Affairs (DVA) awarded  the  applicant  a  service
connection with a 10 percent  disability  rating  for  foot  pain.   He  was
denied service connection for his headaches in March 1977 and October  1980.
 He was recently awarded a service connection with a 100 percent  disability
rating for bipolar disorder.

____________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant recommends  denial.   The  Medical  Consultant
states  the  applicant  committed  several  minor  disciplinary  infractions
during his military service. He has since been  granted  service  connection
for a bipolar disorder.  He has been hospitalized on multiple occasions  for
manic episodes.  In  regards  to  his  post-service  diagnosis,  it  is  not
uncommon  for  an  initial  diagnostic  impression  to   change,   following
additional follow-up care and observation over a greater period of time.  At
the same time, it is relatively common for an individual with a  personality
disorder to concurrently experience another co-morbid mental disorder,  such
as major depressive  disorder  and  bipolar  disorder.  In  the  case  under
review,  the  applicant's  documented  in-service  symptoms   (somatic   and
otherwise) did not include
evidence supportive of  this  alternative  diagnosis,  which  was  diagnosed
several years following his separation.  The  evidence  of  record  reflects
that the issues that resulted in the applicant's discharge were  the  result
of an "immature personality," as  there  were  no  signs  of  a  "psychosis,
neurosis, or an  organic  brain  disorder."  The  BCMR  Medical  Consultant,
nonetheless, considered  the  possibility  that  the  applicant  could  have
experienced a bipolar disorder, instead of  a  personality  disorder  during
his  military  service.  If  the  proposed  answer  is  yes,  then  such   a
determination would be  made  on  conjecture  and  not  upon  the  available
evidence at the  time  of  the  applicant's  discharge.   The  BCMR  Medical
Consultant opines that it was more likely than not, the  applicant's  virgin
personality structure,  and  not  an  underlying  untreated  or  undiagnosed
bipolar disorder, that resulted  in  his  periods  of  irresponsibility  and
subsequent discharge. Additionally, even when considering the fact that  the
applicant was later diagnosed with a bipolar disorder  and  the  possibility
that it may have been overlooked during the  applicant's  military  service,
does not invalidate a likely coexistence of the  "immature  personality"  at
the time of his discharge; the latter condition which is not compensable  or
ratable under the Military Disability Evaluation System (MDES). Nor,  is  it
uncommon that when a Personality disorder  does  co-exist  with  an  Axis  I
mental diagnosis during  military  service,  it  is  often  the  Personality
disorder and NOT the ratable Axis I disorder that  has  actually  interfered
with, or has had the  greater  negative  influence  upon,  the  individual's
ability to  function  in  the  military  environment.   In  conclusion,  the
Medical  Consultant  acknowledged  that  the  applicant  appears   to   have
experienced chronic headaches of approximate one-year  duration  during  his
military service. However,  there  is  no  indication  of  record  that  the
condition independently interfered with  the  performance  of  his  military
duties, as  would  be  documented  on  a  profile  restriction  document  or
recurring treatment of intractable pain, to the extent that  it  could  have
or should have justified a referral through  the  MDES;  or  processing  his
case as a "dual-action" review by the Secretary of the Air  Force  Personnel
Council, or a similar body, at the time of the applicant's discharge.

AFBCMR Medical Consultant's complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 12 Sep  08
for review and comment within 30 days.  As of this  date,  no  response  has
been received by this office.

_________________________________________________________________

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.  Applicant’s  contentions  are  duly
noted; however, we agree with the opinion and recommendation of the  AFBCMR
Medical Consultant and adopt his rationale as the basis for our  conclusion
that the applicant has failed  to  sustain  his  burden  of  proof  of  the
existence of either an error or an injustice.  We find  no  evidence  of  a
medical condition of such a severity that prevented him from performing the
duties of his rank and experience or that would have  warranted  evaluation
under  the  disability  evaluation  system.   Therefore,  it  appears   the
processing of the discharge and the characterization of  his  service  were
appropriate  and  accomplished  in  accordance  with  Air   Force   policy.
Accordingly, we find no compelling 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 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-
01892 in Executive Session on 18 Nov 08 under  the  provisions  of  AFI  36-
2603:

                       Mr. Gregory A. Parker, Panel Chair
                       Mr. Jeffery R. Shelton, Member
                       Ms. Karen A. Holloman, Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2008-01892 was considered:

      Exhibit A. DD Form 149, dated 7 May 08.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFBCMR Medical Consultant, dated
                       5 Sep 08.
      Exhibit D. Letter, SAF/MRBR, dated 12 Sep 08.




                             GREGORY A. PARKER
                             Panel Chair