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AF | BCMR | CY2011 | BC-2011-04037
Original file (BC-2011-04037.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04037 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded to 
honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He recently has been diagnosed with Post Traumatic Stress 
Disorder (PTSD) and believes this condition should have been 
considered at the time of his discharge. 

 

In support of his appeal, the applicant provides copies of 
documents extracted from his military personnel records and his 
Department of Veterans Affairs (DVA) rating decision. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 11 Dec 62, the applicant contracted his initial enlistment in 
the Regular Air Force. 

 

On 29 Sep 70, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for unsuitability. 
The specific reason for the discharge action was on or about 
21 Sep 70, the applicant underwent a psychiatric examination 
which revealed he had a passive aggressive personality, passive 
dependent type with periodic excessive alcoholic use. Said 
evaluation indicated there was no evidence of a mental illness 
which would make him eligible for processing under AFR 35-4. 

 

In the notification for discharge, the commander cited the 
following derogatory information: 

 

 a. On 29 Jun 70, the applicant received an Article 15 for 
failure to go at the prescribed time to his appointed place of 
duty on 2 Jun and 21 Jun 70. For this his punishment consisted 
of reduction in rank (suspended) and forfeiture of pay. 


 

 b. On 17 Sep 70, he received an Article 15 for failure to 
go to at the prescribed time to his appointed place of duty, and 
being drunk and disorderly on station. For this his punishment 
consisted of reduction in rank, forfeiture, and base restriction. 

 

On 29 Sep 70, after consulting with legal counsel, the applicant 
acknowledged receipt of the action, waived his rights to an 
administrative discharge board, and elected to submit a statement 
for the discharge authority’s consideration. 

 

On 2 Oct 70, the discharge authority directed the applicant be 
furnished a general discharge without probation and 
rehabilitation. On 5 Oct 70, the applicant was furnished a 
general (under honorable conditions) discharge and was credited 
with 7 years, 9 months, and 25 days of active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation, Washington, D.C., indicated on the basis of the 
data furnished they were unable to locate an arrest record 
(Exhibit C). 

 

On 15 Feb 12, the applicant was sent a request for post-service 
information for review and response within 30 days. 

In response, the applicant states that since his discharge, he 
stopped drinking and began rebuilding his life. He is an active 
member of the Citizen Potawatomi Veterans Association. He is 
working with the staff at the veterans’ hospital to control his 
PTSD. He regrets not seeking help in 1970 and requests his 
discharge be upgraded based on clemency. 

 

The applicant’s complete response is at Exhibit D. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The AFBCMR Medical Consultant recommends denial noting the 
applicant has not met the burden of proof of error or injustice 
that warrants the desired change of the record. The Medical 
Consultant found no evidence of an error or injustice in the 
actions taken that resulted in the applicant's discharge or his 
service characterization. The Medical Consultant further notes 
that current policies direct that mental evaluations be conducted 
by a psychiatrist or PhD-level psychologist before recommending 
separation of individuals with a diagnosis of Personality 
Disorder, who have also been exposed to combat in Afghanistan or 
Iraq, e.g., suffered possible traumatic brain injury. By 
analogy, the applicant's Vietnam experiences are taken into 
consideration. However, no evidence has been provided to 
indicate that the applicant experienced any impending signs or 
symptoms of PTSD or other compensable mental disorder at the time 
of separation. 

 


Under Title 10, U.S.C., military departments offer compensation 
for a qualifying medical condition, under AFM 35-4, when it 
causes career termination; and then based on the degree of 
impairment present at the "snap shot" time of final military 
disposition, and not on future occurrences. In this instance, 
the symptoms of PTSD may be delayed for months to years following 
exposure to a qualifying "traumatic event." The Department of 
Veterans Affairs (DVA) has established a nexus between the 
applicant's PTSD symptoms, diagnosed some forty years following 
his release from a second period of active service. This does 
not invalidate the accuracy of his clinical diagnosis nor 
redefine his pattern of behavior at the time of discharge. Also, 
under Title 38, United States Code, the DVA is authorized to 
offer compensation for any medical condition established as 
service connected, regardless of intervening time since 
discharge, its impact upon a member's retainability, or the 
actual narrative reason for separation. The DVA also conducts 
periodic re-evaluations for the purpose of adjusting the 
disability rating as the level of impairment from a given medical 
condition may vary over the lifetime of the veteran. 

 

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

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 18 Jun 12, for review and comment within 30 days. As of this 
date, no response has been received by this office. 

 

_________________________________________________________________ 

 

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 injustice. We took 
notice of the applicant’s complete submission in judging the 
merits of the case, but agree with the opinion and recommendation 
of the AFBCMR Medical Consultant and adopt his rationale as the 
basis for our conclusion the 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 the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; 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-2011-04037 in Executive Session on 26 Jul 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 8 Oct 11, w/atchs. 

 Exhibit B. Applicant's Master Military Personnel Records. 

 Exhibit C. Negative FBI Report. 

 Exhibit D. Letter, AFBCMR dated 15 Feb 12, w/atch. 

 Exhibit E. Letter, Applicant, undated, w/atch. 

 Exhibit F. Letter, AFBCMR Medical Consultant, dated 

 15 Jun 12. 

 Exhibit G. Letter, AFBCMR, dated 18 Jun 12, w/atch. 

 

 

 

 

 

 Panel Chair 

 



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