RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-02270
		INDEX CODE 108.01  108.03
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 2 Sep 76 administrative discharge be changed to a medical discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was fit when he enlisted. He was diagnosed with organic brain syndrome while on active duty. His military performance problems were due to his organic brain syndrome and should have formed the basis for medical, not administrative, discharge.  While the military medical examiners contend his syndrome was related to a 1972 head injury, that should not relieve the Air Force of responsibility once he was found fit for enlistment. His condition was aggravated by his active duty.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 2 Dec 72 at age 16, the applicant was struck by a car while crossing a street. He sustained multiple injuries including severe head trauma that resulted in a right subdural hematoma (large collection of blood inside the skull that compresses the brain), which required surgery. 

He reported his head trauma on his enlistment physical exam, dated 14 Apr 75. The applicant enlisted in the Regular Air Force on 18 Nov 75. He completed basic military training (BMT). He was originally selected for training in avionics but was eliminated because he was unable to pass the academic requirements. His failure was attributed to his short attention span, poor memory, slow progress and repeated sleeping in class. He was transferred to fuels but demonstrated difficulties with memory and never finished tech school. He was assigned to custodial tasks but required close supervision and had difficulty adjusting to the military environment. 

After self-inflected skin burn lesions, he was referred for a neurological reevaluation. A 28 May 76 neurological reevaluation opined that the Dec 72 injury produced brain contusion resulting in very mild impairment of the right cerebral hemisphere, manifested by slight awkwardness of his left side. However, from a neurological point of view, he presented no significant physical or intellectual disability as a result of the injury. 

According to a 17 Jun 76 hospital summary, the applicant was hospitalized at McConnell AFB, KS for psychiatric evaluation when his behavior became worse. Diagnosis was organic brain syndrome.  He was referred and admitted to the hospital at Sheppard AFB, TX, on 30 Jun 76 for further psychiatric evaluation and final recommendation. A 23 Jul 76 Sheppard hospital entry reflects no significant psychopathology and a diagnosis of organic brain syndrome supported by history of severe head injury and consequent significant brain surgery. Administrative separation was recommended. 

The applicant was honorably discharged on 2 Sep 76 in the grade of airman with 9 months and 15 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant states that the applicant had an organic brain syndrome, which existed prior to service (EPTS). Although his head injury was cause for rejection for enlistment, he was allowed to enlist since he appeared normal on the entrance examination. His condition, manifested by attention span and memory difficulties significantly interfered with his duty performance. His condition did not qualify him for disability discharge because it was found to have EPTS and was not aggravated by service. Therefore, his condition is not compensable. Had he undergone medical evaluation board (MEB) and physical evaluation board (PEB) processing, his condition would have been determined to have EPTS without service aggravation, resulting in discharge without compensation. Disposition of this case was proper and the requested relief should be denied.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPRS notes the applicant reported his head trauma on his enlistment physical form prior to entering active duty. He was medically evaluated, including microsurgical and psychiatry evaluations in Jun and Jul 76, and was diagnosed with organic brain syndrome as a result of the 1972 injury.  The request should be denied as there is no error or injustice.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 27 Sep 02 for review and comment within 30 days.  As of this date, this office has received no response. 

_________________________________________________________________

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 to warrant changing the applicant’s administrative discharge to a medical discharge. The applicant sustained a severe head trauma when a car struck him in 1972. Shortly after enlisting in the Air Force in 1975, he began exhibiting mild symptoms of neurological impairment. As his condition worsened, he was diagnosed with organic brain syndrome caused by the 1972 head trauma and brain surgery. He appeared normal at the time of his entrance exam and was therefore allowed to enlist. Sadly, his condition worsened but the record does not show, and the applicant has not demonstrated, that his 9 months and 15 days of military service aggravated the disorder. As a result, his medical condition was ineligible for compensation under the Air Force disability system. We truly sympathize with the applicant’s unfortunate situation; however, his organic brain syndrome clearly existed prior to service and he has not established that military service, rather than the likely progression of his disorder, aggravated his condition. We therefore agree with the rationale and recommendations of the AFBCMR Medical Consultant and the Air Force that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

_________________________________________________________________

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 this application in Executive Session on 19 December 2002 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-02270 was considered:

  Exhibit A.  DD Form 149, dated 9 Jul 02, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFBCMR Medical Consultant, dated 26 Aug 02.
  Exhibit D.  Letter, HQ AFPC/DPPRS, dated 18 Sep 02.
  Exhibit E.  Letter, SAF/MRBR, dated 27 Sep 02.