RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00097
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded to honorable due to medical reasons.

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APPLICANT CONTENDS THAT:

He was entered into the weight management program and met his initial weight allowance of 186 pounds.  The weight allowance was lowered, and he was not able to meet the requirement.  He experienced heart attack symptoms while participating in a weight management physical training class.  He began to drink excessively.  He was diagnosed with arterial blockage and received an early discharge from the service.  He has since experienced many heart attacks and bypass surgery.

In support of the application, the applicant submits his application.  The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

It appears that the applicant’s military personnel records are incomplete.  His discharge case file is not a matter of record.  The following information was extracted from his available military personnel records.

On 28 January 1983 the applicant enlisted in the Regular Air Force in the grade of Staff Sergeant (E-5) for a period of four years.  Based on prior service in the Regular and Reserve components of the Army, he received a total active Federal military service date of 23 January 1973 and a pay date of 17 March 1967.

The following is a resume of his Enlisted Performance Reports (EPRs), commencing with the report closing 16 June 1983.

		PERIOD ENDING	PROMOTION RECOMMENDATION

		16 June 1983		9
		16 June 1984		9
		16 June 1985		9
		19 Feb  1986		9

The applicant was Absent Without Leave from 1 July 1986 to 30 December 1986.  He was placed in Military Confinement on 31 December 1986 and released for discharge from the service on 13 March 1987.  In the meantime, the applicant underwent a physical examination for the purpose of separation.  He characterized his health as “OK at this time.”  Following examination and evaluation, he was found qualified for worldwide service.

The applicant was discharged UOTHC on 13 March 1987, by reasons of Request for Discharge in Lieu of Trial by Court-Martial.  He was credited with a total of 14 years, 1 month and 21 days of active duty service and 5 years, 10 months and 11 days of prior inactive service.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the BCMR Medical Consultant at Exhibit C.

In response to the Board’s request, the FBI indicated they were unable to identify with an arrest record pertaining to the applicant on the basis of information furnished.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant opines that no change in the record is warranted.  He states the applicant was administratively separated in lieu of trial by court-martial for misconduct.  At the time of his separation, the applicant had a variety of chronic medical problems that had not interfered with his ability to perform his duties and did not warrant referral for evaluation in the disability evaluation system.  Both service medical records and the applicant indicate alcohol abuse was a problem at the time of the misconduct leading to charges and referral for trial by court-martial.  The applicant’s career was cut short by misconduct and not unfitting medical conditions.  The fact that service connected medical conditions may progress in severity in the years following discharge does not make a member eligible for service disability benefits.  The presence of mild coronary artery disease was not a barrier to moderate exercise and diet for weight loss, did not require specific treatment, and did not cause his misconduct.  The BCMR Medical Consultant concludes the action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the applicant for review and comment on 7 June 2004.  On 28 July 2004, the applicant was invited to submit information pertaining to his post-service accomplishments.  In response, he has submitted several support letters from his family, pastor, and church parishioners (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.  Evidence has not been presented that would lead us to believe the applicant’s administrative discharge in lieu of trial by court-martial with a UOTHC was improper.

    a. The applicant’s assertions concerning his medical condition are noted.  His contentions concerning this issue were assessed by the BCMR Medical Consultant.  The applicant has provided no evidence that successfully refutes this assessment or causes us to believe that, at the time of his separation, he was physically unfit to perform his duties.  To the contrary, the evidence of record indicates the applicant was found qualified for worldwide duty (or administrative separation).  This being the case, we have no basis to find the applicant should have been honorably discharged due to “medical reasons.”  

    b. Although not cited by the applicant as a basis for his request that his UOTHC be upgraded as a matter of clemency, we have considered that aspect of his case.  We have reviewed the post-service documentation provided by the applicant in support of his appeal and do not find it sufficient to warrant approval of the applicant’s request for an upgrade of his discharge.  Generally, for this Board to grant clemency, an applicant should provide evidence that he or she has continued to maintain the expected standards of good citizenship and that the applicant has been a productive member of the community for an extended period of time.  In the instant case, it has been less than 20 years since the applicant’s separation.  In view of this fact and due to the limited nature of the post-service evidence provided, we do not find the documentation sufficient to warrant favorable action based on clemency.  We would encourage the applicant to continue in his good post-service behavior and, at a later date, if he provides additional, more expansive documentation in support of a request for clemency, the Board would be willing to reconsider his request.

    c. In view of the above, the applicant’s requests are not favorably considered.

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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 in Executive Session on 30 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-00097:

    Exhibit A.  DD Form 149, dated 5 Jan 04.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Med Consultant dated 20 May 04.
    Exhibit D.  Letters, SAF/MRBR, dated 7 Jun 04 and 
                AFBCMR, dated 28 Jul 04.
    Exhibit E.  Character references (five).

                                   Panel Chair