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 applicants 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 applicants 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 authoritys 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 Boards 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 applicants 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 Consultants 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 applicants 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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