RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00586 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His honorable discharge be changed to a medical discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He is currently being treated by the Department of Veterans 
Affairs (DVA) for a mental disorder. He has been diagnosed with 
Post Traumatic Stress Disorder (PTSD) and other mental disorders 
that he suffered with while in the military and have subsequently 
become worse. 

 

In support of his appeal, the applicant provides copies of a DD 
Form 293, Application for the Review of Discharge from the Armed 
Forces of the United States; his DD Form 214, Armed Forces of the 
United States Report of Transfer or Discharge; congressional 
correspondence; and a clinical medical record. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 16 September 1969, the applicant enlisted in the Regular Air 
Force at the age of 18 in the grade of airman basic (E-1). He 
was progressively promoted to the grade of airman first class (E-
3) with a date of rank of 1 April 1970. He was trained as an 
Administration Clerk/Clerk Typist. 

 

On 8 April 1970, the applicant received Article 15 punishment for 
wrongfully appropriating merchandise from the Base Exchange 
“Quick Shop” in the value of $.80, in violation of Article 121, 
Uniform Code of Military Justice (UCMJ). After consulting 
counsel, the applicant elected not to appeal the decision and 
subsequently received punishment consisting of reduction in grade 
to airman basic (E-1). 

 

According to the applicant’s Air Force Form 7, Airman Military 
Record, he departed for service in Vietnam on 2 January 1971. On 
26 January 1971, a psychiatric consultation was requested due to 
the applicant’s “considerable difficulty adjusting to job 


requirements,” and “increasing hostility toward his supervisor.” 
The resulting diagnosis was “Inadequate Personality, Severe,” 
classified as a character and behavior disorder. 

 

On 22 March 1971, the applicant was notified of his commander’s 
intent to recommend him for an honorable discharge under the 
provisions of Air Force Manual (AFM) 39-12, Chapter 2, Section A, 
paragraph 2-4b, for having a character and behavior disorder 
which was disqualifying for continuation on active duty. After 
the appointed Evaluation Officer (EO) reviewed the case file and 
interviewed the applicant, he rendered a final recommendation of 
a general discharge. The EO’s review reveals the applicant was 
disenchanted with the Air Force and did not want a reassignment 
to a different organization or a different job; but wanted out of 
the Air Force and out of Vietnam. On 31 March 1971, the Acting 
Staff Judge Advocate found the case to be legally sufficient and 
recommended an honorable discharge. On 2 April 1971, the 
discharge authority approved the applicant’s discharge and 
directed he be furnished with an honorable discharge certificate. 

 

The applicant was honorably discharged effective 7 April 1971 
under the provisions of AFM 39-10, paragraph 2-4b. He served 
1 year, 9 months, and 22 days on active duty. 

 

A DVA Rating Decision, dated 14 March 2009, indicates the 
applicant’s claim for Service Connected PTSD was denied as they 
could find no corroborative evidence to substantiate his claim. 
The applicant’s DVA outpatient record reflects he has been seen 
for a history of anxiety and depressive disorders. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends denial of the applicant’s 
request for a medical discharge. The BCMR Medical Consultant 
states the applicant’s enlistment Report of Medical history and 
physical examination, dated 30 April 1969, showed no 
disqualifying defects at entrance to military service. A 
separation physical completed on 13 February 1971 showed “No 
physical and/or mental conditions which warrant action under the 
provisions of AFM 35-4;” however, the report indicates the 
applicant demonstrated evidence of a character-behavior disorder 
reaction (inadequate personality). There are no medical notes 
indicating he was injured, or was ever engaged in combat or was a 
prisoner of war. In addition, there is no evidence of 
psychiatric treatment except for a few episodes of supportive 
therapy during his career field training. 

 

It is the BCMR Medical Consultant’s opinion that it is clear 
there was no medical cause for the applicant’s separation as 
documented in his separation physical dated 13 February 1971. He 
was appropriately discharged due to administrative reasons, based 
on a character-behavior disorder. 


 

The complete BCMR Medical Consultant’s evaluation is at Exhibit 
C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the BCMR Medical Consultant’s evaluation was forwarded 
to the applicant on 6 November 2009 for review and comment within 
30 days (Exhibit D). 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 took notice 
of the applicant's complete submission in judging the merits of 
the case and do not find that it supports a determination that he 
was improperly discharged. We note the applicant’s contention 
that he should have received a medical discharge; however, as 
indicated by the BCMR Medical Consultant, there is no evidence in 
the available military medical records to show he was ever 
considered for, or diagnosed with, a condition while on active 
duty that would qualify for referral under the Military 
Disability Evaluation System. In view of the above and absent 
persuasive evidence the applicant was denied rights to which 
entitled, appropriate regulations were not followed, or 
appropriate standards were not applied, we agree with the opinion 
and recommendation of 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 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 this application in 
Executive Session on 21 January 2010, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2009-01217: 

 

 Exhibit A. DD Form 149, dated 26 Feb 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, BCMR Medical Consultant, dated 23 Oct 09. 

 Exhibit D. Letter, SAF/MRBR, dated 6 Nov 09. 

 

 

 

 

 

 Panel Chair