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AF | BCMR | CY2010 | BC-2009-04362
Original file (BC-2009-04362.doc) Auto-classification: Denied

                            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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