RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03284
		INDEX CODE:  110.00
		COUNSEL:  YES

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

1.  The following changes be made to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge:

	a)  Block 11 be changed to read "Discharged for the Convenience of the Government."

	b)  Block 32 be changed to read "Officer entitled to back pay from 4 Jun 1963 to 12 Mar 1990 with normally expected promotions in accordance with 5 U.S. Code 5596."

2.  The narrative summary and related documents which supported the false diagnosis on the DD Form 214 from his records be expunged from his record.

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APPLICANT CONTENDS THAT:

He satisfactorily performed his military duties.  He has never had schizophrenia, paranoid type, VA code 9302 as indicated on his DD Form 214.  He has been unable to obtain employment and his social life has been affected.  

In support of the application, the applicant submits personal statements, excerpts of documents from his Department of Veterans Affairs (DVA) medical record and military service record, newspaper articles, and church contribution statements.

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

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate office of the Air Force at Exhibits C and E. 

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AIR FORCE EVALUATION:

HQ AFPC/DPSD recommends denial.  On 21 Mar 63, a Medical Evaluation Board (MEB) was held for the applicant because of his acute, severe, paranoid state with homicidal tendencies toward his wife.  On 12 Mar 63, an Informal Physical Evaluation Board (IPEB) recommended placement on the Temporary Disability Retired List (TDRL) with a 100 percent disability rating for schizophrenic reaction, paranoid type, acute, moderately severe, VA Code 9203.  On 28 Mar 63, the applicant nonconcurred with the IPEB findings and was appointed military counsel to represent him at his Formal Physical Evaluation Board (FPEB) hearing.  The FPEB agreed with the findings and recommendations of the IPEB.  The applicant concurred and Special Order AB-6312, dated 14 May 63, was issued and he was placed on the TDRL effective 3 Jun 63.  He was transferred to a Veteran's Hospital on 9 Apr 63 and discharged on 9 Jul 63.  On 16 Nov 64, the IPEB reviewed the required TDRL re-evaluation narrative and recommended he be removed from the TDRL and discharged with severance pay with a 10 percent disability rating.  On 15 Dec 63, the Secretary of the Air Force Personnel Counsel (SAFPC) reviewed his rebuttal to the FPEB findings and concurred with the IPEB's recommendation.  The applicant concurred and Special Order AC-23551, dated 16 Dec 64, was issued.  He was removed from the TDRL on 5 Jan 65. 

The complete DPSD evaluation is at Exhibit C.

The BCMR Medical Consultant recommends denial.  The diagnosis initially given to the applicant changed from "Paranoid State" to "Paranoid Personality" at the end of his tenure in TDRL status. There is no evidence to invalidate the diagnostic conclusions initially reached by mental health experts and the decision rendered by the PEB.  Based upon his demonstrated pattern of behavior and the narrative summation of his medical condition, the BCMR Medical Consultant finds no error or injustice in the decision of his physicians to conduct the MEB and PEB proceedings for a determination of his fitness to serve, that resulted in his placement on the TDRL.  

His final diagnosis of "Paranoid Personality" is a non-compensable unsuiting condition, which if initially diagnosed in 1963, would have qualified him for an involuntary administrative discharge.  

The VA disability rating code initially utilized in 1963 by the PEB was reportedly 9203, indicating "Schizophrenia, paranoid type," and VA rating code 9208 was utilized in the final PEB action, depicting a "Delusional Disorder."  By today's standards the applicant likely would have been given an analogous VA code, for a condition that more closely matches his symptom complex. 

The applicant secured and sustained employment early following his discharge (TDRL placement) and for the decade following his discharge, with several federal agencies.  He also accumulated a number of laudatory letters descriptive of his duty performance and contributions to the mission of the organization concerned.  However, his post-service functionality does not invalidate the diagnostic findings and decisions that resulted in the termination of his Air Force career.  

The complete BCMR Medical Consultant's evaluation is at Exhibit E.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In a letter dated 17 Apr 08, applicant's counsel states her client's outstanding post-service conduct and accomplishments have been sufficiently creditable to warrant the Board's relief based on clemency.  

Counsel's complete response is at Exhibit F.

The applicant submitted an affidavit with an 11-page rebuttal statement reiterating arguments made in his initial application.

His complete submission is at Exhibit H.
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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 discharge was improper or contrary to the provisions of the governing directive.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and the BCMR Medical Consultant and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice and find no basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is 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 this application in Executive Session on 9 Jul 08, under the provisions of AFI 36‑2603:

The following documentary evidence was considered in AFBCMR BC-2007-03284:

    Exhibit A.  DD Form 149, dated 29 Oct 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSD, dated 6 Mar 08.
    Exhibit D.  Letter, SAF/MRBR, dated 15 May 08.
    Exhibit E.  Letter, BCMR Med Consultant, dated 15 May 08.
    Exhibit F.  Letter, SAF/MRBR, dated 15 May 08.
    Exhibit G.  Affadavit, Applicant, dated 4 Jun 08.