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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