RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-03867
							INDEX CODE:  110.00
    							COUNSEL:  NONE
    							HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be changed to a medical disability discharge.  
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APPLICANT CONTENDS THAT:

He went Absent Without Leave (AWOL) while in French Morocco, North Africa, because of stress.  He was given 30 days of hard labor.  After his confinement, he could not handle his duties and was sent back to the states.  He was never given a physical prior to his discharge from the Air Force.  

Applicant provides a copy of his DD Form 214.  The applicant’s submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

On 21 February 1955, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) at the age of 18 with parental consent for a period of 4 years.    

On 18 May 1956, he was charged with failure to go at the time prescribed to his appointed place of duty on or about 16 May 1956.  On this same date, he was charged with being drunk in station.  For these incidents, he was convicted by a summary court-martial.  He was sentenced to be reduced in the grade of basic airman and to forfeit fifty-five dollars ($55) of his pay.  

On 28 June 1956, the applicant was charged with being drunk and disorderly on or about 19 June 1956.  For this incident, he was tried and convicted by a summary court-martial.  He was ordered to perform hard labor for thirty (30) days and to forfeit fifty-five dollars ($55) of his pay.

On 18 September 1957, a physical examination was performed by the unit Flight Surgeon who found the applicant within normal limits and mentally competent.

On 23 September 1957, a psychiatric statement was issued by a Neuropsychiatric Clinic, with a diagnosis of emotional instability reaction, chronic moderate, characterized by disciplinary action; stress minimal, routine military duty; predisposition moderate; impairment for military duty marked, moderate impairment for civilian, social and industrial activities.  The recommendation was that the applicant apparently was unable to adjust maturely to authority and unable to tolerate routine work.  However, it was the examiner’s opinion that he was mentally competent and responsible for his acts and there was no medical reason for his discharge. 

On 8 October 1957, in accordance with AFR 39-16, the commander initiated discharge proceedings against the applicant because of unsuitability due to inaptitude and inability to produce in a technical service; and, his unsatisfactory attitude toward military service.  On 11 October 1957, in the presence of an evaluation officer, the applicant was advised of his rights in this matter.  The applicant waived his right to submit statements in his behalf.  On 28 October 1957, the discharge authority directed that the applicant be discharged from the Air Force with a type of discharge as general.  The applicant was discharged on 5 November 1957.  He had served 2 years, 7 months and 13 days on active duty.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the application be denied.  The BCMR Medical Consultant states that a review of the applicant’s medical records does not disclose any evidence to support correction of records.  Evidence of record and medical examinations prior to separation from the Air Force indicate the applicant was fit and medically qualified for continued military service, retention or appropriate separation and did not have any physical or mental defects which would have warranted consideration in the Disability Evaluation System.  The BCMR Medical Consultant states that action and disposition in this case are proper and equitable reflecting compliance with Air Force directive that implement the law.  The BCMR Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPD recommends the application be denied.  DPPD states in order to qualify for a disability discharge, the applicant would have had to attain a serious or life threatening medical condition prior to his release from active duty.  The record revealed no errors or irregularities during his involuntary administrative discharge course of action that would justify a change to his military records.  DPPD states that the applicant failed to provide medical documentation to corroborate than an injustice occurred during the period of his involuntary administrative discharge process.  The AFPC/DPPD evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 April 2003, copies of the Air Force evaluations were forwarded to the applicant for review and comment.  As of this date, this office has received no response (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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record, we are not persuaded that the applicant’s discharge should be changed to a medical disability discharge.  Applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the evidence of record or the rationale provided by the Air Force offices of primary responsibility.  We note the applicant’s contention that he was not given a physical examination prior to his discharge.  However, his personnel records include the results of a physical examination conducted on 18 September 1957, in conjunction with his ongoing administrative discharge action.  The physical examination revealed that his health was within normal limits and that he was free from mental defects, disease, or derangement, and able to distinguish right from wrong.  It appears that responsible officials applied appropriate standards in effecting the separation, and the applicant has not provided persuasive evidence demonstrating that pertinent regulations were violated or that he was not afforded all the rights to which entitled at the time of discharge.  We therefore agree with the recommendations of the Air Force offices and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Therefore, we find no compelling basis to recommend granting the relief sought.

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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 this application, AFBCMR Docket No. 02-03867, in Executive Session on 11 June 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Nov 02 w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, 4 Mar 03.
    Exhibit D.  Letter, AFPC/DPPD, dated 4 Apr 03.
	Exhibit E.  Letter, SAF/MRBR, dated 11 Apr 03.