RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02637
		INDEX CODE:  108.01
		COUNSEL:  NONE

		HEARING DESIRED:  Not Indicated

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was discharged for medical reasons.

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APPLICANT CONTENDS THAT:

He was discharged for a medical condition that was not properly documented.  His medical records did not properly document a laceration injury to his right eye and severe back pain he received as result of an accident.  The military medical records that have been provided to him do not provide sufficient information about the injuries, which resulted in denial of his service connected disability claim by the Department of Veterans Affairs (DVA).  He was hospitalized and placed in traction for a period of time and was placed on light duty based on the injuries, until his discharge.  His records indicate "Myositis acute," however his severe back pain was never diagnosed as Myositis during his period of active duty.

In support of his request applicant provided a copy of his DD Fm 214, Armed Forces of the United States Report of Transfer or Discharge; a personal statement, and extracts from his medical records.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 12 Jan 61.  On 23 Feb 62, he was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-16, Section B, and provided a general (under honorable conditions) discharge.  The specific reason for this action was his attitude and inability to adapt to the ways of the Air Force.  On 5 Mar 62, the applicant was interviewed by a discharge Evaluation Officer who recommended that he be honorably discharged from the Air Force.  The applicant elected not to submit a statement on his own behalf.  On 9 Mar 62, applicant was discharged from the Air Force and furnished an Honorable Discharge certificate.  He served 1 year, 1 month, and 28 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPD, reviewed applicant's request and recommends denial.  DPPD states that his contention that he was never properly informed of the reason for his discharge is contradicted in a letter from his unit commander, which clearly reflects his proposed action for an administrative discharge.  A statement from him, dated 5 Mar 62, acknowledges receipt of the ongoing administrative action and his election not to submit a statement on his own behalf.  A medical examination completed on 24 Feb 62 for the purpose of his administrative discharge revealed no significant findings and indicates no severe or chronic medical problems existed at that time.  Comments also stipulate the examination found no mention of back problems, which may have warranted action under disability evaluation system.  He has provided no material of documentation to show an inadequacy in his medical or personnel records that would require inclusion of non-existent medical data or correction of his administrative discharge.  The DPPD evaluation is at Exhibit C.

The BCMR Medical Consultant reviewed applicant's request and recommends denial.  The Medical Consultant states that while it is true he was briefly hospitalized with "acute myositis," an inflammatory muscular soreness in his lower back, he was not diagnosed with any condition that would have warranted consideration in the disability system and his discharge physical examination on 23 Feb 62 found him qualified for duty or separation.  He has been treated for a disc herniation in his lumbar spine since his discharge, but this was not a diagnosis while on active duty.  The Medical Consultant Evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and states that there is no limit as to when a veteran can file a medical claim.  He was discharged because of a weight management problem and a lower back condition, which was the result of an automobile accident.  During his discharge processing, none of his rights were explained to him.  He is not privileged to any information concerning inaptitude and failure to progress.  He doesn't recall having any problems at work or with those he worked with.  He and the DAV found numerous inconsistencies within his medical records, which include, missing dates, missing times, and hospital visits were incorrect.  He has lived with unnecessary discomfort and pain due to the error in his type of discharge and improper guidance the military has provided.  In further support of his request, applicant provided a personal statement.  His complete submission, with attachments, is at Exhibit F.

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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 probable error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we are not persuaded by the evidence provided that the reason and authority for his discharge from the Air Force were inappropriate or erroneous.  We see no evidence which would lead us to believe that a physical disability existed at the time of his separation that would have disqualified him from worldwide military service.  Therefore, since there were no disqualifying medical conditions at the time of his separation, we see no reason why he would have been eligible for consideration in the disability evaluation system.  In the absence of persuasive evidence to the contrary, we find no compelling 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 probable 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 Docket Number 01-02637 in Executive Session on 10 Apr 02, under the provisions of AFI 36-2603:

	Panel Chair
    Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Sep 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 Jan 02.
    Exhibit D.  Letter, BCMR Medical Consultant, dated 28 Dec 01.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Feb 02.
    Exhibit F.  Letter, Applicant, dated 14 Feb 02. w/atchs.