RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03044 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His honorable discharge be changed to a medical retirement with a 100 percent disability rating. ________________________________________________________________ APPLICANT CONTENDS THAT: He suffers from severe Post Traumatic Stress Disorder (PTSD) because he received discriminatory treatment. The specific physical and mental duress occurred from November 1974 to June 1975 because he complained about being drisciminated against by an officer and a non-commissioned officer. He signed his discharge papers without a representative and without knowing what he was signing. In support of his request, the applicant provides a personal statement, a copy of his DD Form 214, Report of Separation from Active Duty, a copy of a letter from SAF/MRBR, and a copy of another DD Form 149 dated 7 Jan 10. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 12 Aug 74. The applicant’s commander recommended him for discharge under the provision of AFM 39-10, para 3-8L. The specific reasons for this action was for having limited potential for normal career progression and substandard duty performance as evidenced by receiving an Article 15, Letter of Reprimand, Letter of Counseling, and a notice to correct military dress and/or appearance. The applicant acknowledged notification of the discharge action and was discharged on 27 Jun 75 after serving 10 months and 16 days on active duty. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which is at Exhibit C and D. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial stating they found no error or injustice in the processing of the discharge action. The applicant’s separation code of “JGH” (Minimally Productive/Limited Potential Airman) correctly reflects his reason for discharge. The applicant has not provided any facts or evidence to indicate he was not medically cleared for discharge or that he had a medical condition warranting a medical discharge. Based on the documentation on file in the master personnel records, the discharge to include, his separation code, narrative reason for separation and characterization of service was consistent with the procedural and substantive requirements of the discharge instruction and was within the discharge authority’s discretion. The complete DPSOR evaluation is at Exhibit C. 1. The BCMR Medical Consultant recommends denial. The applicant’s implicit contention for a medical basis for discharge and/or retribution for what he alleges to be racial discrimination cannot be substantiated or validated in his case file. Further, although the applicant has since been diagnosed with a Bipolar Disorder and has suffered from recurring polysubstance dependence, the Medical Consultant opines that like the Department of Veterans Affairs (DVA), they could not establish a nexus with his military service. Moreover, even if ultimately found service-incurred by the DVA, the service evidence does not reflect existence of a disqualifying medical condition at the “snap shot” time of the applicant’s military service; as would be reflected through profile restrictions imposed that prohibited worldwide qualification of a sufficient level and duration. 2. The Military Department, operating under Title 10, United States Code (U.S.C.), can only offer compensation for an illness or injury that is the cause for career termination; and then based only to the degree of impairment at the time of final military disposition and not future occurrences. In addition, the applicant’s petition has not been timely filed, making it virtually impossible to prove wrong-doing on the part of the Air Force in the discharge action. The complete Medical Consultant evaluation is at Exhibit D. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 31 Oct 13 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. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility and the BCMR Medical Consultant and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no 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-2013-03044 in Executive Session on 27 Feb 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence for AFBCMR Docket Number BC-2013-03044 was considered: Exhibit A. DD Form 149, dated 11 Jun 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 6 Sep 13. Exhibit D. Letter, BCMR Medical Consultant, dated 30 Oct 13. Exhibit E. Letter, SAF/MRBR, dated 31 Oct 13. 4 5