AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00233
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be medically retired.
2. All documents referring to him having homosexual tendencies
be removed from his medical records.
________________________________________________________________
APPLICANT CONTENDS THAT:
A physician at Howard Air Force Base asked him if someone asked
you if you were gay what would you do or say. He replied that
he would ask why the statement was made. As result of that
statement, his medical record notes he had homosexual
tendencies. He has never had a desire or thoughts of being a
homosexual.
These statements negatively impacted the medical board’s
decision and eliminated any chance he had to return to active
duty. Correcting this error and injustice will end his long
term mental pain and suffering.
In support of his appeal, the applicant provides a personal
statement and his medical records.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force Reserve on 13 August 1975.
Effective 31 July 1980, he was placed on the Temporary
Disability Retired List (TDRL) for Physical Disability after
being diagnosed with schizophrenia. On 3 November 1982, an
Informal Physical Evaluation Board found him unfit for continued
duty and removed him from the TDRL. He was discharged on
17 December 1982 with entitlement to severance pay and a
compensable rating of 10 percent under Veterans’ Affairs Code
9203.
The applicant submitted a similar appeal on 23 July 1984 and
20 July 1988, however, those appeals were denied. On 23 April
1996, the AF Board for Correction of Military Records once again
denied the applicant’s request for medical retirement with a
compensable rating of 50 percent.
________________________________________________________________
AIR FORCE EVALUATION:
AFMOA/SGAT recommends denial. The applicant’s medical records
reflect he was treated at Howard AFB Clinic, Panama and was
admitted from 9 through 24 January 1980. There is no
documentation in the applicant’s medical records reflecting any
physician stated the applicant was gay or had homosexual
tendencies. A discharge summary noted the applicant stated that
people had jokingly insinuated he might be gay. He added it did
not bother him because it was not true.
The documentation the applicant requests be removed from his
records does not exist.
The complete SGAT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 19 June 2012 for review and comment within 30 days.
As of this date, this office has received no response
(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 and the available
evidence of record in judging the merits of the case. However,
we are not persuaded, based upon the evidence presented, that
corrective action is warranted. Therefore, we agree with the
opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our
conclusion the applicant has not been the victim of an error or
injustice. In the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
2
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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 BCMR Docket Number
BC-2012-00233 in Executive Session on 30 August 2012, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Jan 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFMOA/SGAT, dated 8 Jun 12.
Exhibit D. Letter, SAF/MRBR, dated 19 Jun 12.
Panel Chair
Panel Chair
Member
Member
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