ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04087
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was retired for physical
disability, rather than administratively discharged.
________________________________________________________________
RESUME OF CASE:
On 4 Aug 11, the Board considered and denied the applicants
original request that his general (under honorable conditions)
discharge to be upgraded to honorable and that his records be
corrected to reflect he was retired for physical disability. In
the initial case, he contended that he was released from active
duty due to a chronic psychiatric condition that rendered him
unable to continue to serve and therefore should have been
provided disability benefits. After considering the facts and
circumstances of the case, the Board concluded the discharge
proceedings were proper and the characterization of his service
was appropriate to the circumstances. However, while the Board
was not convinced that he should have been afforded disability
benefits, they determined the applicants character of service
should be upgraded from general (under honorable conditions) to
honorable based on clemency and as a matter of equity. For an
accounting of the facts and circumstances surrounding the
applicants original request and the rationale of the earlier
decision by the Board, see the Record of Proceedings (ROP) at
Exhibit E.
In his latest submission, dated 22 Nov 11, with attachments, the
applicant contends that his deteriorating duty performance prior
to his discharge, combined with the fact the DVA provided him
treatment for his condition in 1975, substantiates that he
should have been discharged for physical disability and provided
retired pay.
In support of his request, the applicant provides an expanded
statement and copies of excerpts of his military personnel
records.
The applicants complete submission, with attachments, is at
Exhibit F.
________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing this application and the evidence provided
in support of his appeal, we remain unconvinced the applicant
has been a victim of an error or injustice. We have previously
determined that his administrative discharge for unsuitability
due to his diagnosis as having a chronic character and behavior
disorder was proper and carried out in accordance with the
directives under which it was effected. After a thorough review
of the applicants latest submission, we remain unconvinced that
he should have been furnished a disability discharge in lieu of
his administrative discharge for unsuitability. While the
Department of Veterans Affairs (DVA) has, three decades since
his service, seen fit to grant the applicant service connection
for his schizophrenia, there is no evidence to indicate the
applicants schizophrenia caused the termination of his military
service and should have formed the basis for a referral through
the Disability Evaluation System (DES). We note the DVA is
authorized to offer compensation for any medical condition
determined to be service incurred or aggravated, regardless of
its impact upon a service members fitness to serve, the reason
for separation, or the intervening period between the discharge
and the DVAs examination and determination. That is to say,
any symptom or set of symptoms that can be attributed to a
veterans military service, whether or not they are clinically
significant or unfitting for service, may later be determined
service incurred and compensation provided by the DVA.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the requested relief.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of probable material error or
injustice; 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-2010-04087 in Executive Session on 7 Aug 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings (ROP), dated 25 Aug 11,
w/atchs.
Exhibit F. DD Form 149, dated 5 Dec 11, w/atchs.
Panel Chair
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