RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00975
		INDEX CODE:  108.01
		COUNSEL:  NONE

		HEARING DESIRED:  Not Indicated

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APPLICANT REQUESTS THAT:

It appears that the applicant is requesting that item 11C of his DD Form 214, be changed to reflect medical disability rather than physical disability.

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APPLICANT CONTENDS THAT:

His DD Form 214 was changed to reflect physical disability.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 2 Sep 71.  He was progressively promoted to the grade of airman first class, having assumed that grade effective and with a date of rank of 1 Apr 72.  On 1 Dec 72, he was honorably discharged under the provisions AFM 35-4, by reason of physical disability.  He served 1 year and 3 months on active duty.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibit C and D.

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AIR FORCE EVALUATION:

AFPC/DPPD reviewed applicant's request and recommends denial.  DPPD states that it appears that he does not understand the fact that he received an honorable disability discharge that was effective 1 Dec 72.  A Medical Evaluation Board (MEB) was initiated on 27 Sep 72 and the results referred to the Informal Physical Evaluation Board (IPEB) for adjudication of his case.  The IPEB found him unfit for military service (Schizophrenic reaction, undifferentiated type, existed prior to service (EPTS) without service aggravation) and recommended that he be discharged with severance pay with a 0 percent disability rating.  The Physical Review Council (PRC) agreed with the diagnosis; however, changed the final disposition from "discharge with severance pay" to "discharge under other than Chapter 61, Title 10, United States Code."  The applicant was briefed and concurred with both the IPEB and PRC findings.  The case was forwarded to the Secretary of the Air Force Personnel Council (SAFPC).  The SAFPC agreed with the findings of the PRC and directed that he be discharged without benefits.

The applicant requested an explanation of his whereabouts the last nine weeks of his active duty.  It appears he was released to his home address pending results of his ongoing MEB.  The DPPD evaluation is at Exhibit C.

The BCMR Medical Consultant reviewed the applicant's request and recommends denial.  The Medical Consultant states that the applicant was discharged due to a mental health condition that disqualified him from continued military service and that existed prior to service.  Since the condition existed prior to service, it was not ratable of compensable.  In addition, he was diagnosed with schizoid personality disorder, a condition that is unsuiting for military service and subject to administrative discharge.  When an individual is discharged due to a medical condition, including health diagnoses, but excluding unsuiting mental health diagnoses (personality disorders, adjustment disorders) the use of "physical disability" is proper terminology for use on the DD Form 214.  DoD and Air Force regulations specifically define the term "physical disability" to include mental health diagnoses excluding those conditions considered "unsuiting."  The applicant states "the injustice was to have fallen from (health) help."  This suggests that he may have been denied disability compensation from the Department of Veterans Affairs (DVA) since his condition existed prior to service and was not service connected.  The 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 19 Jul 02 and 29 Aug 02 for review and comment.  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.  Evidence has not been presented which would lead us to believe that his discharge documents are in error or that his disability processing and the final disposition of his case were in error or contrary to the governing Air Force regulations, which implement the law.  Therefore, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of 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 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 02-00975 in Executive Session on 2 Oct 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Mar 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 2 Jul 02.
    Exhibit D.  Letter, BCMR Medical Consultant, dated 29 Aug 02.
    Exhibit E.  Letter, SAF/MRBR, dated 19 Jul 02.
    Exhibit F.  Letter, SAF/MRPC, dated 6 Sep 02.