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 applicants 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 applicants 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 applicants
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 The applicant was withdrawn from training due to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 applicants 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
applicants separation or under todays standards. There is no
reason to doubt the diagnostic conclusions reached by the Chief,
Professional Services regarding the applicants character and
behavior; however, under todays 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 applicants 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 applicants 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
applicants career. The Medical Consultant is not aware of the
significance or level of severity of the applicants 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 applicants
discharge to honorable.
The AFBCMR Medical Consultants 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 applicants 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 applicants 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
applicants 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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