RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-05813
	 MICHAEL J. MARKOVICK	COUNSEL: NONE
		HEARING DESIRED: NO


APPLICANT REQUESTS THAT:

His administrative discharge be changed to a medical discharge.


APPLICANT CONTENDS THAT:

He suffered a mental breakdown while he was at Basic Military 
Training (BMT).  This breakdown was diagnosed as schizophrenia.  
The Air Force took the easy way out and discharged him as a 
marginal performer.

The applicant believes the Board should find it in the interest 
of justice to consider his untimely application because the 
discharge affects his ability to qualify for a Department of 
Veterans Affairs (DVA) home loan.

In support of his request, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty and DVA rating decision.

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


STATEMENT OF FACTS:

On 14 May 1982, the applicant enlisted in the Regular Air Force.

In a letter dated 25 May 1982, the Mental Health clinic 
diagnosed him with Schizotal Personality Disorder and 
recommended immediate discharge.

On 26 May 1982, his commander notified him that he was 
recommending he be discharged from the Air Force under the 
provisions of AFR 39-10, Administrative Separation of Airmen.  
The reason for this action was his marginal performance.

On 26 May 1982, the applicant acknowledged receipt of the 
discharge notification and waived his right to consult with 
legal counsel or to submit statements in his behalf.

On 28 May 1982, the Staff Judge Advocate found the discharge 
legally sufficient.

On 28 May 1982, he received an honorable discharge.  The 
narrative reason for separation is “Marginal Performer Assigned 
to Initial Training.”  He served on active duty for 15 days.

The DVA determined that a service connection for schizophrenia 
was granted with an evaluation of 30 percent effective 
13 February 2007.  This rating was subsequently increased to 
100 percent effective 12 September 2012.

On 2 December 2013, the DVA determined the applicant’s 
entitlement to home loan benefits remains denied because the law 
states that a veteran who enlisted after 7 September 1980 must 
serve a minimum of two years on active duty to be eligible for 
home loan benefits.


AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The applicant’s 
request is untimely; therefore a review is only conducted in the 
interest of justice.  In order to evaluate whether an error or 
injustice occurred with respect to the applicant's request, 
sufficient medical documentation is necessary to support the 
claim of a cause and effect relationship between the diagnosis 
alleged by the applicant and the maladaptive behavior exhibited 
during his brief period of military service.  Training records 
document major problems with the applicant's adjustment to BMT.  
Given the applicant's inability to adapt to military life 
evidenced at the inception of BMT, he was unsuited for military 
service; therefore, no error or injustice occurred with 
administrative discharge processing.

The applicant contends that he had a diagnosis of schizophrenia 
during this brief period of military service; noting that 
schizophrenia has been found service connected by the DVA; 
albeit effective in 2007.  While schizophrenia is a mental 
health condition evidenced by visual and auditory hallucinations 
(paranoid type), there is insufficient medical evidence that 
this Axis I mental health condition was present at the time of 
administrative discharge and was the cause of service 
termination. On the contrary, the diagnosis schizotal 
(schizotypal) personality disorder is known to interfere with 
various area of life including social and work functioning. 
Other characteristics include poor coping skills, unusual 
thinking patterns, behaviors and appearances.  The pattern of 
maladaptive behavior exhibited near the beginning of BMT is more 
consistent with the assigned mental health diagnosis of 
schizotal (schizotypal) personality disorder, not schizophrenia.

The military Disability Evaluation System, operating under Title 
10, United States Code can by law only offer compensation for 
those service incurred diseases or injuries which specifically 
rendered a member unfit for continued active service and were 
the cause for career termination; and then only for the degree 
of impairment present at the time of separation and not based on 
future occurrences.  Therefore, there was no error or injustice 
with the administrative discharge due to the applicant's 
inability to adapt to military life.

The complete Medical evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A representative from the state Office of Veterans Affairs 
states the applicant’s 100 percent service connected disability 
was recognized by the Air Force as a personality disorder 
(schizophrenia) and later identified by the DVA.  Therefore, the 
Board should recognize his disability as service connected and 
change his DD Form 214 to a “medical discharge.”  

The representative requests that any and all records indicating 
the applicant was in the United State Navy be expunged. 

His complete submission, with attachment is at Exhibit E.


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.  After 
thoroughly reviewing the evidence of record and the applicant’s 
complete submission, we find no basis to disturb the record. 
Therefore, we agree with the opinion and recommendation of the 
BCMR Medical Consultant and adopt the rationale expressed as the 
basis for our conclusion the applicant has failed to sustain his 
burden of proof that he has been the victim of an error or 
injustice.  We note that the applicant’s VA representative 
requests that any and all records indicating the applicant was 
in the United State Navy be expunged.  However, the Board is 
only empowered to correct Air Force records; as such, this 
request is outside our purview.  In view of the above and in the 
absence of evidence to the contrary, we find no basis to 
recommend granting any of the relief sought in this application.


?
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 AFBCMR BC-2013-
05813 in Executive Session on 18 September 2014, under the 
provisions of AFI 36-2603:

      Ms. Patricia J. Zarodkiewicz, Panel Chair
      Ms. Kathleen I. Ferguson, Member
      Ms. Jessica L. Spencer-Gallucci, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, 16 December 2013, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dated 24 June 
        2014.
      Exhibit D.  Letter, SAF/MRBR, dated 19 July 2014.
Exhibit E.  Letter, VA Representative, dated 11 August 
            2014, w/atch.





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