RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00875
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

A medical record entry (Register No. 1898), dated 26 Mar 73, be expunged from his records to assist him in filing a compensation request.

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APPLICANT CONTENDS THAT:

Statements in his medical records states that he did drugs before he was in the military which is false.  He never did any drugs until he was in the military after he was sent to the Philippines.  During his time in the Philippines, he became depressed due to not being in the States to help his mother and brother.  This depression led to him drinking alcohol which led him to doing drugs.  This led him to going absent without leave (AWOL) which he turned himself in under the amnesty program.  Now he wants to file a claim for compensation because he blames the Air Force for his drug abuse which caused brain damage.  The medical record does not have his social security number (SSN).  The SSN is someone else’s.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

On 14 Jun 70, the applicant enlisted in the Regular Air Force (RegAF) for a period of four years in the grade of airman basic.

Applicant’s Airman Performance Report (APR) ratings reflect 7, 9, and 8, respectively.

On 20 May 71, applicant received a special court-martial in violation of Article 121, Uniform Code of Military Justice (UCMJ), in that, on or about 11 Apr 71, stole United States currency of a value of about $20 of another airman.  He was reduced from the grade of airman first class to the grade of airman basic, confined to hard labor for three months, and forfeited $50 a month for three months.  The sentence was adjudged on 6 May 71.

On 27 Dec 72, the applicant was notified of his Squadron Section Commander’s intent to impose punishment upon him for on or about 17 Dec 72, without authority, failing to go at the time prescribed to his appointed place of duty.

On 27 Dec 72, after consulting with counsel, applicant waived his right to a trial by court-martial and did not submit a written presentation.

On 27 Dec 72, he was found guilty by his commander who imposed the following punishment:  Ordered to forfeit $25 a month for one month and to perform seven days of extra duties.  Applicant did not appeal the punishment.

Records reflect applicant was AWOL from 16 Feb - 26 Feb 73.  On 27 Feb 73, he voluntarily returned to military control at Clark AB.

On 23 Mar 73, the applicant was evaluated by the medical staff of the USAF Special Treatment Center (STC) and was diagnosed as follows:

		a.	Drug abuse as manifested by improper use of hallucinogens (including LSD), heroin, opium, barbiturates and inhalants; psychological addiction to marijuana and amphetamines.

		b.	Character and behavior disorder described as passive aggressive personality.

It was recommended that the applicant be administratively separated from the Air Force.  He did not have any psychiatric disease or condition which would warrant separation from the service under the provisions of AFM 35‑4.  He refused rehabilitation in the STC Program.

On 27 Mar 73, the applicant was notified by the Chief, Psychiatric Evaluation Division, that he was recommending that action be taken to effect the applicant’s separation from the Air Force based on the evaluation of the Psychiatric Evaluation Division.  On 27 Mar 73, applicant indicated that he was advised of the nature of this action and counseled regarding the case; he was advised of his rights to submit a rebuttal and make statements in his own behalf and that he would be assisted in the preparation of any written statements or rebuttals; and, he was advised that if he desired to submit a waiver of such opportunity of a rebuttal or statements, he must sign a statement to that effect.  Applicant did not desire to submit a rebuttal or statements concerning the action being taken or to the allegations made.

On 30 Mar 73, the Staff Judge Advocate (SJA) reviewed the applicant’s file and found it to be legally sufficient to support a discharge based upon medical diagnosis of character and behavior disorder.  He recommended issuance of a general discharge as recommended by the commander.

On 3 Apr 73, the applicant was discharged from the Air Force under the provisions of AFM 39‑12 with an under honorable conditions (general) discharge in the grade of airman first class.  He was credited with 2 years, 9 months, and 20 days of active service.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed this application and indicated that as medical history records are prepared from information provided by the individual, it is equally difficult to understand how or why this particular history should not be considered valid in spite of the inaccurate SSN upon which the appeal is based.  The SSN is different in the last four digits compared to the applicant’s but other than this, he provides no corroborative statements or information to support his claim.  A clerical error recording this different number does not in and of itself prove that the history does not relate to the applicant, and barring provision of substantiating evidence to the contrary, it must be assumed the history does, indeed, refer to the applicant.  The applicant feels it is possible that someone else’s history is reported by this paragraph, someone who would have to have come from the same unit of assignment recorded next to the SSN, and treated in the same medical facility as he on return from his Philippine station.  Applicant’s discharge for the reported character and behavior disorder was appropriate and no evidence is found to identify him as having a psychiatric disorder that would have warranted presentation to the disability evaluation system.  The BCMR Medical Consultant is of the opinion that no change in the records is warranted and the application should be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and stated that his main complaint is that his medical records state that he did heavy drugs as a young person as young as 15 and up before his enlistment into the Air Force.  He had not tried or experimented with drugs until he was sent to Clark AB, Philippines.  His only problem was alcohol.  He asked to stay at Dover AFB, Delaware, but his request was refused with no explanation and he was sent to Clark AB.  After a month in the Philippines, letters from home told him how hard his mother and brother were trying to cope on their own financially and psychologically.  He started drinking heavily which led him to start going downtown which then led him to drugs and then to going AWOL because he did not care anymore about his life in the military.  He thought about stopping drugs but was too addicted to do it on his own so he turned himself in and asked for help, which he got.  He now lives on social security disability which was all started with the Air Force sending him to a drug infested situation.

Applicant’s complete response is attached at Exhibit E.

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After reviewing the circumstances regarding the medical record in question, it does appear that the SSN is not the applicant’s.  In addition, we note that the information in the History section of the record appears to be inaccurate as the applicant’s record does not reveal he was in Southeast Asia.  In view of the above determinations, we recommend the clinical record, dated 26 Mar 73, be removed from his record and sequestered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that Standard Form 502, Clinical Record, Register No., dated 26 Mar 73, be removed from his records and sequestered.

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The following members of the Board considered this application in Executive Session on 26 July 2001, under the provisions of AFI 36‑2603:

	            Panel Chair
	            Member
              Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 16 Mar 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, dated 7 May 01.
     Exhibit D.  Letter, AFBCMR, dated 1 Jun 01.
     Exhibit E.  Letter fr applicant, dated 8 Jun 01.

                                   
                                   Panel Chair

AFBCMR 01-00875

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to , be corrected to show that Standard Form 502, Clinical Record, Register No., dated 26 March 1973, be, and hereby is, removed from his records and sequestered.

                                     				
                                     				Director
                                     				Air Force Review Boards Agency