RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-04362
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was medically discharged.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was evaluated at a Mental Health Clinic but his Minnesota Multiphasic
Personality Inventory (MMPI) screenings were not considered prior to his
discharge.
In support of his request, the applicant submits copies of his discharge
case file and his medical records.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 11 Aug 71, the applicant enlisted in the Regular Air Force.
In a Special Court-Martial held on 20 Mar 72, the applicant was tried and
found guilty of the following specifications:
1. On or about 21 Feb 72, he unlawfully struck another service
member on the body and face with his hand.
2. On or about 24 Mar 72, he failed to obey a lawful general
regulation by not having in his possession while operating a motor vehicle
a valid state driver’s license.
3. On or about 24 Mar 72, without proper authority, through neglect,
he caused a motor vehicle to collide with an air conditioning cooling unit
valued at $250.00 resulting in $95.00 worth of damage.
4. On or about 24 Mar 72, he operated a vehicle while drunk and lost
control causing the vehicle to leave the roadway several times and collide
with an air conditioning unit.
He was found guilty on all specifications, reduced to the grade of airman
basic, confined to hard labor for six months and ordered to forfeit $96.00
per month for three months.
On 25 Aug 72, the applicant’s commander notified him that he was
recommending his separation from the Air Force under the provisions of Air
Force Manual 39-12, Separation for Unsuitability, Misconduct, Resignation,
or Request for Discharge for the Good of the Service and Procedures for the
Rehabilitation Program, Chapter 2, Section A, para 2-4c and 2-6 for apathy
and defective attitude.
The Staff Judge Advocate found the case legally sufficient and recommended
the applicant be issued a general discharge certificate without
consideration for probation and rehabilitation.
The applicant was discharged on 13 Sep 72. He had served 10 months and 19
days on active duty.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
notes the applicant’s underlying pattern of behavior was defined as a
Character Disorder and finally as an Adult Situation Reaction (not
interpreted as an Anxiety Disorder or Depressive Disorder). The Medical
Consultant assesses that none of the aforementioned would render the
applicant eligible for a “medical” basis for discharge and under current
policies would certainly result in an involuntary administrative discharge
for unsuitability for a condition that is not considered a disability. The
applicant has not shown evidence that he had a medical condition that was
otherwise disqualifying for military service and rendered him eligible for
medical disability processing.
The Medical Consultant opines the applicant’s mental status during the
period in question was similar to the current Adjustment Disorder
nomenclature. However, even with this consideration, he would not qualify
for a medical basis of separation.
The complete BCMR Medical Consultant’s evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In response to the BCMR Medical Consultant’s advisory, the applicant
submitted information on MMPI from the Wikipedia website.
The applicant’s complete submission, with attachments, is at Exhibit E.
_________________________________________________________________
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, to include the MMPI
information; however, 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 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 16 Sep 10, under the provisions of AFI 36-2603:
, Panel Chair
, Member
Member
The following documentary evidence was considered in AFBCMR BC-2009-04362:
Exhibit A. DD Form 149, dated 19 Nov 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 14 Jul 10.
Exhibit D. Letter, SAF/MRBR dated 30 Jul 10.
Exhibit E. Letter, Applicant, dated 10 Aug 10, w/atchs.
Panel Chair
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