RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00691
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His honorable discharge be changed to a medical discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge should be corrected because the Department of
Veterans Affairs (DVA) increased his disability rating to
70 percent on 10 Jan 11. During his hospitalization at Maxwell
AFB for mental illness, his doctor told him "he would in all
probability be medically discharged", but was not.
He did not question being honorably discharged at the time.
However, his ailment was known as shell shock and no one
admitted to having it back then, now it is known as Post
Traumatic Syndrome Disease (PTSD).
In support of his request, the applicant provides a personal
statement, a copy of his DD Form 214, Report of Separation from
the Armed Forces of the United States, a copy of the DVA
disability rating, a copy of his congressional package, a copy of
a letter from SAF/MRBR, a copy of a letter from the applicant, a
copy of a Case Authorization and Privacy Release Form, a copy of
a letter from the DVA, and excerpts from his medical records.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 1 Jun 51 and
was progressively promoted to the grade of first lieutenant. He
was honorably discharged on 21 May 54 after serving 2 years,
11 months, and 21 days on active duty. He served a total of
5 years, 7 months, and 9 days for pay purposes.
Additional relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force. Accordingly, there is no need to recite these
facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical
Consultant states that there is no evidence provided that shows a
medical condition was, or should have been, the cause for
terminating the applicants career. Had the applicant been
concurrently confronted with the administrative discharge action
and was found unfit for further service due to shell shock, or
any other medical condition, he would have been vulnerable for a
dual-action analysis of his case by the Secretary of the Air
Force Personnel Council (SAFPC) for a determination of which is
the appropriate reason for separation.
The Medical Consultant found no evidence of a causal or
mitigating relationship between those circumstances leading to
the applicants release from military service and a mental
impairment or disorder caused by his military service. Thus, the
Medical Consultant opines he, more likely than not, would still
have been discharged under the provision of the governing
regulation for discharges.
It should be noted that the DVA, operating under a different set
of laws with a different purpose, is authorized to offer
compensation for any medical condition determined service-
incurred or aggravated, without regard to [and independent of]
its demonstrated impact upon a service members retainabilty,
fitness to serve, or narrative reason for release from military
service.
In this case, the applicant has not met the burden of proof of an
error or injustice that warrants the desired change of the
record.
The complete BCMR Medical Consultants evaluation is at Exhibit
B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded by stating the psychiatrist who treated
him told him that he should be medically discharged. His shell
shock condition was most likely aggravated by the treatment he
received while serving in the military. He reiterates that his
physician told him "he would in all probability be medically
discharged, but he was not.
He believes the records should be changed to reflect he was
medically discharged with a 30 percent disability rating.
The applicants complete submission is at 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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the BCMR Medical Consultant and adopt his rationale as the
basis for our conclusion that the applicant has not been the
victim of an error or injustice. 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-2011-00691 in Executive Session on 29 Nov 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence for Docket Number BC-2011-
00691 was considered:
Exhibit A. DD Form 149, dated 18 Feb 11, w/atchs.
Exhibit B. Letter, BCMR Medical Consultant, dated 11 Oct 11.
Exhibit C. Letter, SAF/MRBR, dated 21 Oct 11.
Exhibit D. Letter, Applicant, dated 25 Oct 11.
Panel Chair
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