RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04434 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be changed to a medical discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: While on active duty he injured his collarbone and should have received a medical discharge. His treatment consisted of a sling and a recommendation for exploratory surgery. He declined the option for surgery and was advised to accept a medical discharge. The applicant also alleges that during a medical examination he was sexually assaulted by a physician. He was asked to delay his medical discharge to testify against the physician. When he declined to delay his medical discharge, he was told by the intelligence office they would make sure he would receive a general discharge. In support of his request, the applicant provides a personal statement. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 17 Jan 61, the applicant contracted his enlistment in the Regular Air Force. He served as an aircraft mechanic. On 10 Oct 61, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unsuitability. The specific reasons for the discharge action were his ineffective performance of assigned duties, his poor attitude toward supervisors, his complete lack of a sense of responsibility and lack of desire to improve with technical training. The commander further cited how the applicant’s numerous visits to sick call caused a hardship to his supervisors and fellow workers by causing them to have to continually carry his workload. The applicant was withdrawn from training due to his numerous visits to sick call. The applicant was examined by specialist to determine if he had physical limitations that would prevent him from performing his assigned duties, which revealed none. The applicant was also examined by the flight surgeon who determined that his behavior and attitude were unsuitable for continued service in the military. His commander advised him of his rights and he acknowledged receipt of the notification of discharge. The evaluation officer interviewed the applicant and recommended discharge with a general discharge. The discharge authority directed the applicant be furnished a general discharge. He was discharged on 11 Oct 61, with service characterized as general (under honorable conditions) and served a total of 5 years, 6 months, and 20 days of active service. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends denying the request to change the applicant’s general discharge to a medical discharge. However, he believes the evidence of record warrants consideration of an upgrade of his discharge to honorable. In this respect, the applicant was involuntarily discharged due to unsuitability. Conditions falling within this category are not considered qualifying for a medical separation at the time of the applicant’s separation or under today’s standards. There is no reason to doubt the diagnostic conclusions reached by the Chief, Professional Services regarding the applicant’s character and behavior; however, under today’s standards this determination would have been made or approved by policy or a psychiatrist/psychologist. An individual with a duty limiting medical condition who was concurrently confronted with an involuntary administrative discharge action would be given the benefit of a “dual-action” review by the Secretary of the Air Force Personnel Council, for a determination of which is the appropriate reason for separation. The preponderance of evidence reflects the applicant’s shoulder ailment did not meet the requirements for a medical separation. The applicant may have been confronted with interpersonal relationship and occupational difficulties and these may have brought greater attention to his chronic recurring evaluations of shoulder pain by his supervisors and may have contributed to his ability and desire to function in the military. The applicant should not be penalized for seeking medical care if there was a need, perceived or otherwise. It appears no consideration was made to refer the applicant to a psychiatrist or psychologist. Therefore, whether the applicant’s recurring visits were a veiled cry for help, somatization, or a true need for treatment of intractable pain cannot be determine at this juncture. The physical examination findings repeatedly revealed minimal to no functional impairment to the extent that would have cut short the applicant’s career. The Medical Consultant is not aware of the significance or level of severity of the applicant’s character and behavior, but does not believe a speeding ticket and a single debt, or being dropped from a course warranted a general discharge and could be arguably considered too harsh. Therefore, absent competing criminal behavior or acts of an amoral or perverse nature, the Medical Consultant opines consideration should be made to change the characterization of the applicant’s discharge to honorable. The AFBCMR Medical Consultant’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the evaluation was forwarded to the applicant on 22 Jul 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ 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 an error or an injustice regarding the applicant's request to change his general discharge to a medical discharge. After thoroughly reviewing the evidence of record, we find no evidence to show the applicant’s discharge was erroneous or unjust. The evidence of record shows that his medical condition was properly adjudicated and we find no evidence which would lead us to believe otherwise. Although the applicant may have had numerous visits to sick call while on active duty, we find no evidence he had a medical condition which cut short his military career. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this portion of the application. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an injustice to warrant upgrading the characterization of the applicant's service to honorable. In this respect, we note that while there was some evidence of misconduct, we believe it did not warrant the receipt of a general discharge. The applicant’s misconduct consisted of a speeding ticket, a single debt of under $75.00, and being dropped from a required course of training. After a thorough review of the evidence of record, we agree with the comments of the AFBCMR Medical Advisor the characterization of the applicant’s discharge as general was too harsh for the minor acts of misconduct that he committed. Therefore, in view of the above, it is our opinion that characterizing his service as anything other than honorable was not justified. Accordingly, we recommend his records be corrected to reflect he was honorably discharged and provided an honorable discharge certificate. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 11 October 1961, he was honorably discharged and furnished an Honorable Discharge certificate. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04434 in Executive Session on 7 Sep 11 under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Nov 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR Medical Consultant, dated 10 Jul 11. Exhibit D. Letter, SAF/MRBR, dated 22 Jul 11.