RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03044
		COUNSEL:  NONE
		HEARING DESIRED: NO

	 

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APPLICANT REQUESTS THAT:

His honorable discharge be changed to a medical retirement with 
a 100 percent disability rating.

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APPLICANT CONTENDS THAT:

He suffers from severe Post Traumatic Stress Disorder (PTSD) 
because he received discriminatory treatment.  The specific 
physical and mental duress occurred from November 1974 to June 
1975 because he complained about being drisciminated against by 
an officer and a non-commissioned officer.  He signed his 
discharge papers without a representative and without knowing 
what he was signing.  

In support of his request, the applicant provides a personal 
statement, a copy of his DD Form 214, Report of Separation from 
Active Duty, a copy of a letter from SAF/MRBR, and a copy of 
another DD Form 149 dated 7 Jan 10.

His complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant enlisted into the Regular Air Force on 12 Aug 74.  
The applicant’s commander recommended him for discharge under 
the provision of AFM 39-10, para 3-8L.  The specific reasons for 
this action was for having limited potential for normal career 
progression and substandard duty performance as evidenced by 
receiving an Article 15, Letter of Reprimand, Letter of 
Counseling, and a notice to correct military dress and/or 
appearance.  The applicant acknowledged notification of the 
discharge action and was discharged on 27 Jun 75 after serving 
10 months and 16 days on active duty.

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which is at Exhibit C and D.

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AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial stating they found no error or 
injustice in the processing of the discharge action.  The 
applicant’s separation code of “JGH” (Minimally 
Productive/Limited Potential Airman) correctly reflects his 
reason for discharge.  The applicant has not provided any facts 
or evidence to indicate he was not medically cleared for 
discharge or that he had a medical condition warranting a 
medical discharge.  Based on the documentation on file in the 
master personnel records, the discharge to include, his 
separation code, narrative reason for separation and 
characterization of service was consistent with the procedural 
and substantive requirements of the discharge instruction and 
was within the discharge authority’s discretion.  

The complete DPSOR evaluation is at Exhibit C.

1. The BCMR Medical Consultant recommends denial.  The 
applicant’s implicit contention for a medical basis for 
discharge and/or retribution for what he alleges to be racial 
discrimination cannot be substantiated or validated in his case 
file.  Further, although the applicant has since been diagnosed 
with a Bipolar Disorder and has suffered from recurring 
polysubstance dependence, the Medical Consultant opines that 
like the Department of Veterans Affairs (DVA), they could not 
establish a nexus with his military service.  Moreover, even if 
ultimately found service-incurred by the DVA, the service 
evidence does not reflect existence of a disqualifying medical 
condition at the “snap shot” time of the applicant’s military 
service; as would be reflected through profile restrictions 
imposed that prohibited worldwide qualification of a sufficient 
level and duration.  

2. The Military Department, operating under Title 10, United 
States Code (U.S.C.), can only offer compensation for an illness 
or injury that is the cause for career termination; and then 
based only to the degree of impairment at the time of final 
military disposition and not future occurrences.  In addition, 
the applicant’s petition has not been timely filed, making it 
virtually impossible to prove wrong-doing on the part of the Air 
Force in the discharge action.  

The complete Medical Consultant evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 31 Oct 13 for review and comment within 30 days.  
As of this date, this office has received no response.

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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 opinions and 
recommendations of the Air Force office of primary 
responsibility and the BCMR Medical Consultant and adopt their 
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.

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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-03044 in Executive Session on 27 Feb 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member





The following documentary evidence for AFBCMR Docket Number BC-
2013-03044 was considered:

    Exhibit A.  DD Form 149, dated 11 Jun 13, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOR, dated 6 Sep 13.
    Exhibit D.  Letter, BCMR Medical Consultant, dated 30 Oct 13.
    Exhibit E.  Letter, SAF/MRBR, dated 31 Oct 13.




                                   
                                   Panel Chair





FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974


FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
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This document contains information which must be protected IAW AFI 33-332 and DoD Regulation 
5400.11; Privacy Act of 1974 as Amended Applies, and it is For Official Use Only (FOUO).