RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00691 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His honorable discharge be changed to a “medical” discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: His discharge should be corrected because the Department of Veterans Affairs (DVA) increased his disability rating to 70 percent on 10 Jan 11. During his hospitalization at Maxwell AFB for mental illness, his doctor told him "he would in all probability be medically discharged", but was not. He did not question being honorably discharged at the time. However, his ailment was known as “shell shock” and no one admitted to having it back then, now it is known as Post Traumatic Syndrome Disease (PTSD). In support of his request, the applicant provides a personal statement, a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States, a copy of the DVA disability rating, a copy of his congressional package, a copy of a letter from SAF/MRBR, a copy of a letter from the applicant, a copy of a Case Authorization and Privacy Release Form, a copy of a letter from the DVA, and excerpts from his medical records. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 1 Jun 51 and was progressively promoted to the grade of first lieutenant. He was honorably discharged on 21 May 54 after serving 2 years, 11 months, and 21 days on active duty. He served a total of 5 years, 7 months, and 9 days for pay purposes. Additional relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The Medical Consultant states that there is no evidence provided that shows a medical condition was, or should have been, the cause for terminating the applicant’s career. Had the applicant been concurrently confronted with the administrative discharge action and was found unfit for further service due to “shell shock,” or any other medical condition, he would have been vulnerable for a “dual-action” analysis of his case by the Secretary of the Air Force Personnel Council (SAFPC) for a determination of which is the appropriate reason for separation. The Medical Consultant found no evidence of a causal or mitigating relationship between those circumstances leading to the applicant’s release from military service and a mental impairment or disorder caused by his military service. Thus, the Medical Consultant opines he, more likely than not, would still have been discharged under the provision of the governing regulation for discharges. It should be noted that the DVA, operating under a different set of laws with a different purpose, is authorized to offer compensation for any medical condition determined service- incurred or aggravated, without regard to [and independent of] its demonstrated impact upon a service member’s retainabilty, fitness to serve, or narrative reason for release from military service. In this case, the applicant has not met the burden of proof of an error or injustice that warrants the desired change of the record. The complete BCMR Medical Consultant’s evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by stating the psychiatrist who treated him told him that he should be medically discharged. His “shell shock” condition was most likely aggravated by the treatment he received while serving in the military. He reiterates that his physician told him "he would in all probability be medically discharged”, but he was not. He believes the records should be changed to reflect he was medically discharged with a 30 percent disability rating. The applicant’s complete submission is at 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his 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-2011-00691 in Executive Session on 29 Nov 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence for Docket Number BC-2011- 00691 was considered: Exhibit A. DD Form 149, dated 18 Feb 11, w/atchs. Exhibit B. Letter, BCMR Medical Consultant, dated 11 Oct 11. Exhibit C. Letter, SAF/MRBR, dated 21 Oct 11. Exhibit D. Letter, Applicant, dated 25 Oct 11. Panel Chair