RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01632
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for discharge be changed to reflect that he was discharged due to a medical condition, rather than unsatisfactory performance.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reason for his poor performance was a medical condition which affected him at the time.

In support of his request, applicant provided documentation extracted from his medical records, his Department of Veterans Affairs (DVA) rating decision, and his DD Form 214.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a captain, Reserve of the Air Force, on 8 Jul 92 and was voluntarily ordered to extended active duty on that same date.

On 9 Jun 94, applicant was notified by his commander that he was recommending that he be discharged from the Air Force in accordance with AFR 36-2, paragraph 2-3 for a downward trend in duty performance resulting in an unacceptable level of effectiveness, apathy/defective attitude, and the diagnosis of both a personality disorder and an adjustment disorder.  The specific reasons for this action were that on 22 Apr 94, he received a Letter of Counseling (LOC) for failure to properly document medical care on patient charts; he received three memos of counseling for going from his place of duty without authority; he received three memos of counseling for failure to go to his place of duty on time; he received a memo of counseling for his late arrival to a required meeting; he received a memo of counseling for failure to monitor a patient; he received a memo of counseling for failure to adequately inform patients of pertinent details; and he received a memo of counseling for his rudeness and insensitivity towards a patient.  He was advised of his rights in this matter.  On 21 Jun 94, after consulting counsel, applicant submitted a tender of resignation in lieu of the discharge action.  His commander and the AFPC/CV recommended approval of his request.  On 27 Feb 95, his request was approved and it was directed that he be honorably discharged from the Air Force.  He was discharged on 10 Mar 95.  He served 2 years, 8 months, and 3 days on active duty.  His DD Form 214 reflects the narrative reason for his separation as "Resignation: Unsatisfactory Performance."

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states that Mental Health evaluations document a Personality Disorder and Adjustment Disorder with depressed mood.  His symptoms were experienced only while at work and he felt fine during weekends and while on leave.  He had no thought disorder or psychosis that interfered with his ability to know right from wrong or make him unable to conform his behavior to simple standards.  He provides a DVA rating decision from October 1999 that indicates a subsequent diagnosis of major depression.  There is no evidence that he had major depression while on active duty and a later diagnosis of depression has no bearing on his misconduct while on active duty.  The Medical Consultant's evaluation is at Exhibit C. 

AFPC/DPPRSP recommends denial.  DPPRSP states that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  The applicant did not submit any new evidence or identify any errors in his discharge processing.  The DPPRSP evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 7 Nov 03 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.  After careful consideration of the available evidence, we are not persuaded that the reason for his discharge from the Air Force was inappropriate, erroneous, or that he was denied rights to which he was entitled.  Further, 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, we see no reason why he would have been eligible for consideration in the disability evaluation system.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

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 AFBCMR Docket Number BC-2003-01632 in Executive Session on 9 Dec 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 May 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 22 Sep 03.
    Exhibit D.  Letter, AFPC/DPPRSP, dated 30 Oct 03.
    Exhibit E.  Letter, SAF/MRBR, dated 7 Nov 03.

                                   Panel Chair