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AF | BCMR | CY2010 | BC-2010-04434
Original file (BC-2010-04434.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04434 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NOT INDICATED 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be changed to 
a medical discharge. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

While on active duty he injured his collarbone and should have 
received a medical discharge. 

 

His treatment consisted of a sling and a recommendation for 
exploratory surgery. He declined the option for surgery and was 
advised to accept a medical discharge. The applicant also 
alleges that during a medical examination he was sexually 
assaulted by a physician. He was asked to delay his medical 
discharge to testify against the physician. When he declined to 
delay his medical discharge, he was told by the intelligence 
office they would make sure he would receive a general discharge. 

 

In support of his request, the applicant provides a personal 
statement. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 17 Jan 61, the applicant contracted his enlistment in the 
Regular Air Force. He served as an aircraft mechanic. 

 

On 10 Oct 61, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for unsuitability. 
The specific reasons for the discharge action were his 
ineffective performance of assigned duties, his poor attitude 
toward supervisors, his complete lack of a sense of 
responsibility and lack of desire to improve with technical 
training. The commander further cited how the applicant’s 
numerous visits to sick call caused a hardship to his supervisors 
and fellow workers by causing them to have to continually carry 


his workload. The applicant was withdrawn from training due to 
his numerous visits to sick call. The applicant was examined by 
specialist to determine if he had physical limitations that would 
prevent him from performing his assigned duties, which revealed 
none. The applicant was also examined by the flight surgeon who 
determined that his behavior and attitude were unsuitable for 
continued service in the military. 

 

His commander advised him of his rights and he acknowledged 
receipt of the notification of discharge. 

 

The evaluation officer interviewed the applicant and recommended 
discharge with a general discharge. 

 

The discharge authority directed the applicant be furnished a 
general discharge. He was discharged on 11 Oct 61, with service 
characterized as general (under honorable conditions) and served 
a total of 5 years, 6 months, and 20 days of active service. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The AFBCMR Medical Consultant recommends denying the request to 
change the applicant’s general discharge to a medical discharge. 
However, he believes the evidence of record warrants 
consideration of an upgrade of his discharge to honorable. In 
this respect, the applicant was involuntarily discharged due to 
unsuitability. Conditions falling within this category are not 
considered qualifying for a medical separation at the time of the 
applicant’s separation or under today’s standards. There is no 
reason to doubt the diagnostic conclusions reached by the Chief, 
Professional Services regarding the applicant’s character and 
behavior; however, under today’s standards this determination 
would have been made or approved by policy or a 
psychiatrist/psychologist. An individual with a duty limiting 
medical condition who was concurrently confronted with an 
involuntary administrative discharge action would be given the 
benefit of a “dual-action” review by the Secretary of the Air 
Force Personnel Council, for a determination of which is the 
appropriate reason for separation. The preponderance of evidence 
reflects the applicant’s shoulder ailment did not meet the 
requirements for a medical separation. 

 

The applicant may have been confronted with interpersonal 
relationship and occupational difficulties and these may have 
brought greater attention to his chronic recurring evaluations of 
shoulder pain by his supervisors and may have contributed to his 
ability and desire to function in the military. The applicant 
should not be penalized for seeking medical care if there was a 
need, perceived or otherwise. It appears no consideration was 
made to refer the applicant to a psychiatrist or psychologist. 
Therefore, whether the applicant’s recurring visits were a veiled 
cry for help, somatization, or a true need for treatment of 


intractable pain cannot be determine at this juncture. The 
physical examination findings repeatedly revealed minimal to no 
functional impairment to the extent that would have cut short the 
applicant’s career. The Medical Consultant is not aware of the 
significance or level of severity of the applicant’s character 
and behavior, but does not believe a speeding ticket and a single 
debt, or being dropped from a course warranted a general 
discharge and could be arguably considered too harsh. Therefore, 
absent competing criminal behavior or acts of an amoral or 
perverse nature, the Medical Consultant opines consideration 
should be made to change the characterization of the applicant’s 
discharge to honorable. 

 

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

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the evaluation was forwarded to the applicant on 22 Jul 
11 for review and comment within 30 days. As of this date, no 
response has been received by this office (Exhibit D). 

 

_________________________________________________________________ 

 

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 an injustice regarding 
the applicant's request to change his general discharge to a 
medical discharge. After thoroughly reviewing the evidence of 
record, we find no evidence to show the applicant’s discharge was 
erroneous or unjust. The evidence of record shows that his 
medical condition was properly adjudicated and we find no 
evidence which would lead us to believe otherwise. Although the 
applicant may have had numerous visits to sick call while on 
active duty, we find no evidence he had a medical condition which 
cut short his military career. Therefore, in the absence of 
evidence to the contrary, we find no compelling basis to 
recommend granting the relief sought in this portion of the 
application. 

 

4. Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an injustice to 
warrant upgrading the characterization of the applicant's service 
to honorable. In this respect, we note that while there was some 


evidence of misconduct, we believe it did not warrant the receipt 
of a general discharge. The applicant’s misconduct consisted of 
a speeding ticket, a single debt of under $75.00, and being 
dropped from a required course of training. After a thorough 
review of the evidence of record, we agree with the comments of 
the AFBCMR Medical Advisor the characterization of the 
applicant’s discharge as general was too harsh for the minor acts 
of misconduct that he committed. Therefore, in view of the 
above, it is our opinion that characterizing his service as 
anything other than honorable was not justified. Accordingly, we 
recommend his records be corrected to reflect he was honorably 
discharged and provided an honorable discharge certificate. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to the APPLICANT be corrected to show that on 11 October 
1961, he was honorably discharged and furnished an Honorable 
Discharge certificate. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-04434 in Executive Session on 7 Sep 11 under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 19 Nov 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR Medical Consultant, dated 

 10 Jul 11. 

 Exhibit D. Letter, SAF/MRBR, dated 22 Jul 11. 

 

 

 

 

 

 Panel Chair 



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