AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00442
COUNSEL: None
HEARING DESIRED: Yes
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His “honorable discharge with subtitle” be changed to a Medical
discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was declared disabled before he was discharged with paranoid
schizophrenia.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 16 Jul 70, the applicant entered a period of active service.
On 14 Mar 72, the applicant was notified by his commander that he
was recommending his involuntary discharge. The reason for the
action was a 19 Jan 72 psychiatric evaluation, which determined
the applicant had a passive dependent personality, chronic, a
character and behavior disorder recognized under AFM 39-12.
On 15 Mar 72, after consulting with legal counsel, the applicant
acknowledged receipt of the action and waived his right to appear
before an administrative discharge board or submit statements in
his own behalf.
On 16 Mar 72, the case file was found legally sufficient.
ON 23 Mar 72, the applicant was furnished an honorable discharge
and credited with one year, eight months, and eight days of total
active service.
The remaining relevant facts are contained in the letter prepared
by the AFBCMR Medical Consultant, which is at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial, indicating the
applicant has not met the burden of proof of an error or
injustice that warrants the desired change of the record.
Additionally, the applicant’s claim has not been timely filed,
making it virtually impossible and impractical to attempt
invalidation of the facts of the record and/or challenging the
appropriateness of diagnostic conclusions reached and actions
taken at the time of the applicant’s military service.
The applicant was discharged for an unsuiting condition that was
not considered a compensable disability at the time of his
military service. His initial post-service diagnosis of
Depressive Reaction issued on 18 Aug 72 following a
neuropsychiatric evaluation, and for which he was assigned
30 percent disability rating, can best be likened to, or defined
as an Adjustment Disorder with depressed mood, a diagnosis which
would have also rendered the applicant vulnerable for an
administrative discharge for a mental disorder that is not
considered a compensable disability under AFM 39-12 and today’s
AFI 36-3208.
A complete copy of the AFBCMR Medical Consultant evaluation is at
Exhibit C.
________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:
A copy of the AFBCMR Medical Consultant advisory was forwarded to
the applicant on 14 Nov 12 for review and response within 30 days
(Exhibit D). To date, a response has not been received.
________________________________________________________________
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; however, we agree with the opinion and
recommendation of the AFBCMR Medical Consultant and adopt his
rationale as the basis for our conclusion 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 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-2012-00442 in Executive Session on 4 Dec 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jan 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant,
Exhibit D. Letter, AFBCMR, dated 14 Nov 12.
Panel Chair
Mr. , Panel Chair
Mr. , Member
Ms. , Member
dated 9 Nov 12.
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