RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-03798
		INDEX NUMBER: 107.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that his medical problems were the cause of his discharge.

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THE APPLICANT CONTENDS THAT:

Although his records acknowledge a mental disability, they do not recognize any physical disabilities.  His records show that he was injured as a result of an accident, as well as other complications.  His medical records also indicate that a physician prescribed him medication for his physical problems yet inferred that he stole, sold, and used illegal drugs.

In support of the appeal, applicant submits his personal statements and extracts from his Department of Veterans Affairs (DVA) and military medical records.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force for a period of four years on 15 April 1970.  Based on complaints of back pain, a medical board convened on 2 March 1972, and concluded that he did not have a medical cause for his back pain and that a psychological cause was the reason for his back pain.  A civilian psychiatrist examined him on 20 March 1972, rendered the diagnosis of passive aggressive personality, and recommended his discharge.  On 28 March 1972, he received notification that he was being recommended for discharge because he had manifested a character and behavior disorder.  He received an honorable discharge on 28 April 1972, under the provisions of Chapter 2, Section A, AFM 39-12, (Unsuitability - Character and Behavior Disorder).  He completed a total of 2 years and 14 days of active service.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the application be denied and states, in part, that the action and disposition in the applicant’s case are proper and equitable reflecting compliance with Air Force directives that implement the law.  The Air Force psychiatric evaluator classified the applicant’s condition as a personality disorder, a non-compensable condition.  The DVA psychiatric evaluator classified his condition as a service-connected compensable psychophysiologic disorder, rated at 10%.  Whether the Air Force psychiatrist’s diagnosis was an error is not ascertainable from the available evidence.  Regardless, even if it was, there was no resulting injustice since a disability discharge for psycho physiologic disorder would have resulted in severance pay, which would have been offset dollar for dollar from his DVA compensation.  As such, he was not denied any actual compensation.  With regard to his back condition, his records show that he was employed full-time until 1993 and did not experience back pain requiring medical attention until approximately 1989.

The BCMR Medical Consultant’s evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

An x-ray report completed prior to his discharge should have shown a small deformed right kidney and deformity of his spine.  He complained of back trouble in basic training.  His medical records show an origin of a back injury while refueling an aircraft on duty.  He had no history of back trouble prior to his military service.  In April 1970 to April 1972, racism was alive and well in the military.  In addition, an Air Force physician had hurt him during a physical examination.  This same physician implied that he stole drugs from the dispensary and tried to coerce others that he was a drug addict and drug dealer.  Furthermore, his discharge was not legal or proper because of fraud.  A Magnetic Resonance Image (MRI) completed in 2001 shows a damaged disc.  There is no evidence of any disciplinary problems in his records.  He is receiving a service-connected disability rating of 30% from the DVA for a mental condition, despite the fact that he has never been prescribed medication for this condition.  However, this is not grounds for discharge.  While on active duty, he was the victim of bias, prejudice, and discrimination.  He was misdiagnosed by an Air Force physician and never treated for a mental condition - only physical conditions.

Applicant’s complete response, with attachments, is at 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 and applicant’s submission, we are not persuaded that relief should be granted.  Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The BCMR Medical Consultant has adequately addressed applicant’s contentions and we agree with his opinion and adopt the rationale expressed as the basis for our decision that applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Hence, 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 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 BC-2003-03798 in Executive Session on 29 April 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 18 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Apr 04.
	Exhibit E.  Letter, Applicant, dated 8 Apr 04, w/atchs.