RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00748
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His honorable discharge be changed to a medical discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His medical records from as early as 1971 indicate a diagnosis of
depression and anxiety disorder which should have been the reason
for his discharge.
In support of his request, the applicant provides a DD Form 293, Application for the Review of Discharge from the Armed Forces of
the United States, a Department of Veterans Affairs Rating
Decision and documents extracted from his military personnel
records.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 24 April 1968.
The applicant was honorably discharged from active duty on
17 March 1972 under the provisions of AFM 39-10 (Separation Upon
Expiration of Term of Service for Convenience of Government,
Minority, Dependency, and Hardship). He served 3 years,
10 months and 24 days on active duty with 11 months and 9 days of
foreign service.
The remaining relevant facts pertaining to this application,
extracted from the applicants military personnel records, are
contained in the letter prepared by the appropriate office of the
Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial. The Medical
Consultant states the applicant has shown no evidence of a mental
impairment at the time of separation that would warrant
establishment of a medical hold for further evaluation and
processing through the Disability Evaluation System (DES).
The presence of medical conditions that were not unfitting while
in service, and were not the cause of separation or retirement,
that later progressed in severity causing disability resulting in
service connected DVA compensation is not a basis to grant
retroactive military disability discharge or disability
compensation. The applicant has not met the burden of proof of
an error or injustice that warrants the desired change of record.
The AFBCMR Medical Consultants complete evaluation, with
attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states the DVA
investigated and concluded that while in Vietnam an incoming
rocket attack was the stressor event that resulted in his 40 year
battle with depression and PTSD. He left Vietnam with 100%
disability as shown through his behavior, medical diagnosis, and
loss of rank prior to discharge. If he was an Iraq veteran, this
would be a foregone conclusion because it has been learned from
cases like his to put safeguards in place.
The applicant's complete response, 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 an error or injustice. After a
thorough review of the evidence of record and the applicants
submission, we believe that relief is not warranted and the
applicant has not provided any evidence which would lead us to
believe otherwise. His contentions are duly noted; however, the
detailed comments provided by the AFBCMR Medical Consultant
adequately address these allegations. Therefore, we agree with
the opinion and recommendation of the AFBCMR Medical Consultant
and adopt his rationale as the basis for our conclusion that the
applicant has failed to sustain his burden of proof that he has
suffered either an error or an injustice. In the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2010-00748 in Executive Session on 14 January 2011,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00748 was considered:
Exhibit A. DD Form 149, dated 28 February 2010, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant,
dated 30 November 2010, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 7 December 2010.
Exhibit E. Letter, Applicant, not dated, w/atchs.
Panel Chair
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