RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04659 

COUNSEL: 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, Block #30 “Is not entitled to Disabilities 
Severance Pay” be removed. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Block #11c of his DD Form 214 indicates that he was discharged 
due to physical disability that existed prior to service; 
however, his medical records verify that military service 
aggravated his condition. In addition, his enlistment physical 
identifies his physical disability. 

 

In support of his appeal, the applicant provides copies of 
military medical records and a civilian physician’s statement. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
served on active duty from 25 November 1966 to 15 November 1967. 

 

In February 1967, the applicant was evaluated at the psychiatric 
clinic and diagnosed at the time with an anxiety reaction, 
chronic, severe. He was seen again on 16 June 1967 for similar 
complaints. A new physical profile was accomplished that 
disqualified him from career fields falling within the purview of 
Air Force Manual (AFM) 35-99, Human Reliability Program, and he 
was assigned to some other field of training and to more routine 
duties in the Air Force. 

 

On 19 September 1967, a psychiatric medical exam revealed the 
applicant had a history of anxiety and had his first anxiety 
attack in July 1966, four months prior to his entrance into the 
Air Force. The exam also revealed that since his entrance into 
the military, his attacks had increased and; in addition, his 
chronic anxiety state, with depression, had become much more 
severe. The attending psychiatrist diagnosed the applicant with 


Schizophrenic reaction, undifferentiated type, chronic; and, that 
it existed prior to service. The doctor recommended the 
applicant be discharged from the service with a medical discharge 
for disability. 

 

On 18 October 1967, the applicant submitted a letter that he did 
not wish to exercise his right to have the preliminary findings 
reviewed; and, that he understood that such a discharge would be 
without disability retirement or disability severance pay. 
However, he understood it did not preclude him from applying for 
benefits from the Department of Veteran Affairs (DVA). 

 

The applicant was honorably discharged effective 15 November 1967 
by reason of physical disability which existed prior to service. 
He served 11 months and 10 days on active duty. 

 

On 19 March 2009, the DVA denied the applicant’s claim of service 
connection for anxiety/depression. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSD recommends denial. DPSD states the preponderance of 
evidence reflects that no error or injustice occurred during the 
disability process or at the time of separation. 

 

The complete DPSD evaluation is at Exhibit C. 

 

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COUNSEL'S REVIEW OF AIR FORCE EVALUATION: 

 

The civilian medical report, provided by the applicant, indicates 
that his pre-existing condition was minor; and, that it only 
became severe when it was aggravated by his military service. 
The Air Force was aware of the effect caused by his military 
service; however, they discharged him without providing him with 
disability severance pay. Denial of those benefits at the time 
of discharge was unfair in light of the presence of record of 
causation. That alone should be grounds for correction of his 
discharge. 

 

The counsel’s complete rebuttal, with attachments, is at Exhibit 
E. 

 

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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. The Board 
acknowledges the medical documentation reflecting the frequency 
and severity of the applicant’s symptoms appear to have increased 
after entering military service. We also acknowledge the letter 
from a medical expert, dated 2007, who noted that there was a 
reduction in the severity of the applicant’s symptoms after his 
release from military service. Thus, it is our view that the 
acute exacerbation of the applicant’s symptoms during military 
service represented expected manifestations of his underlying 
pre-existing anxiety-related condition in response to the 
stressors of military service, but did not represent a permanent 
worsening or permanent aggravation above and beyond the expected 
natural progression of the disorder. We also acknowledge the 
applicant’s medical condition may have further progressed over 
the course of the past several years. However, under Title 10, 
U.S.C., the Military Department, by law, can only base its 
severity assessments, for disability rating purposes, upon the 
level of severity at the “snap-shot” time of final military 
disposition. We are not persuaded by the evidence presented that 
the determination made at the time regarding the applicant’s 
fitness was improper or contrary to prevailing policy. 
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 AFBCMR Docket 
Number BC-2010-04659 in Executive Session on 18 August 2011, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-04659 was considered: 

 

Exhibit A. DD Form 149, dated 13 Dec 10, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, AFPC/DPSD, dated 31 Jan 11. 

Exhibit D. Letter, SAF/MRBR, dated 8 Apr 11. 

Exhibit E. Letter, Counsel, dated 12 Apr 11, w/atchs. 

 

 

 

 

 

 Panel Chair