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AF | BCMR | CY2010 | BC-2005-01255
Original file (BC-2005-01255.doc) Auto-classification: Denied

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01255
      INDEX CODE:  110.00
      COUNSEL:  NONE
      HEARING DESIRED:  NO
________________________________________________________________

APPLICANT REQUESTS THAT:

His General (Under Honorable Conditions) discharge be upgraded to  Honorable
based on the medical reason of Post-Traumatic Stress Disorder (PTSD).

________________________________________________________________

RESUME OF CASE:

The applicant submitted a similar request dated  7  Oct  75  (AFBCMR  Docket
Number  75-5111).   On  6 Feb  76,  the  Board  considered  and  denied  the
applicant's request (Exhibit C).  The facts pertaining to this case  are  as
follows:

On 28 Jan 70, the applicant enlisted in the Regular Air Force in  the  grade
of airman basic.  He was progressively promoted to the  grade  of  Sergeant,
effective and with a date of rank of 1 Feb 72.

On 11 Oct 72, his commander recommended the  applicant  be  discharged  from
service due to apathy and defective attitude.  The reasons for  his  actions
were as follows:

      1)  Beginning in Mar 72, applicant was counseled 10 times for  failure
to repair.


      2)  On 5 Jul 72, he received Article 15 punishment for failing  to  go
to his appointed place of duty at the time prescribed.


      3)  On 14 Sep 72, at a Special Courts-Martial, he was found guilty  of
four charges of violation of Articles 91, 92 128 and 86  for  which  he  was
sentenced to reduction to the grade of airman and ordered  to  forfeit  $100
per month for 3 months.

On 3 Nov 72, he was discharged with an under honorable conditions  (general)
character of service.  He had served  2 years,  7  months  and  27  days  on
active duty.

On 6 Apr 05, the  applicant  requested  reconsideration  of  his  case  (New
Docket Number AFBCMR BC-2005-01255, Exhibit D).

In response to the Board’s request, the FBI indicated that on the  basis  of
the data furnished they were  unable  to  identify  with  an  arrest  record
(Exhibit E).

On  12  May  05,  the  applicant  was  requested  to  provide   post-service
information (Exhibit F).  His undated, 21-page response is at Exhibit G.

On 23 Nov 05 he was notified that his request was denied as it did not  meet
the criteria for reconsideration by the Board (Exhibit H).

In his latest request dated 5 Nov 08, the  applicant  states  his  discharge
was unfair and he was not properly represented.

In support of his request, he submits copies of a letter from  the  Veterans
Health System and a civilian medical doctor.

His complete submission, with attachments, is at Exhibit I

________________________________________________________________

BCMR MEDICAL CONSULTANT’S EVALUATION:

The BCMR Medical Consultant  recommends  denial.   The  Medical  Consultant
states  the  applicant  was  discharged  for  a  variety  of   disciplinary
infractions, none of which could be attributed to a thought disorder,  such
as schizophrenia, at  the  time  of  his  separation.   His  administrative
infractions and the recommended resultant actions taken were found  legally
sufficient.  The Medical Consultant  agrees  that  there  were  no  medical
findings at the time of  the  applicant’s  discharge  under  AFR  39-12  to
warrant separation consideration under AFM  35-4,  Physical  Standards  for
Enlistment,   Separation   and   Retirement.    Consequently,   absent    a
disqualifying mental diagnosis under AFM 35-4, the Medical Consultant  also
finds insufficient evidence to  support  alternative  consideration  for  a
retrospective “dual action” analysis of his case  for  consideration  of  a
medical versus administrative basis for discharge.  The applicant has  also
received several evaluations by the VA since his discharge, none  of  which
have ever supported service connection for  schizophrenia;  therefore,  the
applicant has not met the burden of proof of an  error  or  injustice  that
warrants a change of the record.

The complete BCMR Medical Consultant evaluation is at Exhibit J.

________________________________________________________________

APPLICANT’S REVIEW OF THE BCMR MEDICAL CONSULTANT’S EVALUATION:

The applicant submits a letter from a former  military  member  who  served
with him.

The applicant’s complete submission, with attachments is at Exhibit K.

________________________________________________________________

THE BOARD CONCLUDES THAT:

After careful consideration of the applicant’s reconsideration  request  and
the documentation submitted in support of his appeal, we are  not  persuaded
the  Board's  original  decision  should  be  overturned.   The  applicant’s
contentions are duly noted, however, the Board finds no impropriety  in  the
characterization of applicant’s  discharge.   It  appears  that  responsible
officials applied appropriate standards in effecting the separation, and  we
do not find persuasive evidence that pertinent regulations were violated  or
that the applicant was not afforded all the rights to which entitled at  the
time of discharge.  In addition, we  note  the  opinion  and  recommendation
provided by the BCMR Medical Consultant  and  adopt  his  rationale  as  the
basis for our conclusion the applicant has not been the victim of  an  error
or injustice.  Therefore, in the absence of evidence  to  the  contrary,  we
again find no basis to grant the requested relief.

________________________________________________________________

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 25 Feb 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered in  AFBCMR  Docket  Number
BC-2005-01255:

      Exhibit A.  DD Form 149, dated 7 Oct 75.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFBCMR, dated 11 Feb 76.
      Exhibit D.  DD Form 149, dated 4 May 2005.
      Exhibit E.  Letter, AFBCMR, dated 12 May 05.
      Exhibit F.  Letter, Applicant, dated 16 Jun 05.
      Exhibit G.  Letter, AFBCMR, dated 23 Nov 05.
      Exhibit H.  DD Form 149, dated 5 Nov 08, w/atchs.
      Exhibit I.  Letter, BCMR Medical Consultant, dated 30 Dec 09.
      Exhibit J.  Letter, AFBCMR, dated 8 Jan 10.




                                  Panel Chair

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