RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04941 COUNSEL: NONE HEARING DESIRED: YES _______________________________________________________________ APPLICANT REQUESTS THAT: His discharge be reviewed for a disability retirement. _______________________________________________________________ APPLICANT CONTENDS THAT: Air Force doctors could not find the reason for his severe pain. He finally agreed to the discharge when he could not speak up for himself. He was forced out of the Air Force and has been in severe pain for years. He should have been able to stay in the Air Force and have medical coverage for his wife and child. Instead, he was released without any disability. In support of his request, the applicant provides copies of his DD Forms 214, Armed Forces of the United States – Report of Transfer or Discharge; DD Forms 256AF, Honorable Discharge Certificate; DD Form 294, Application for Review by the Physical Disability Board of Review (PDBR) of the Rating Awarded Accompanying a Medical Separation from the Armed Forces of the United States, personal statements, and various other documents in support of his request. The applicant's complete submission, with attachments, is at Exhibit A. _______________________________________________________________ STATEMENT OF FACTS: According to the applicant’s letter dated 15 Sep 1959, he requested that he be discharged for physical disability. He acknowledged that he fully understood his rights and elected not to have his case reviewed by the physical evaluation board. He further acknowledged that he understood that his discharge would be without a disability retirement or disability severance pay. However, it did not preclude him from applying for benefits from the “Veterans’ Administration.” The specific reason and authority for his discharge is reflected in the Request for Discharge for Physical Disability, letter, dated 1 Oct 1959 at Exhibit B. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFD recommends denial. DPFD states that the preponderance of evidence reflects that no error or injustice occurred during the disability process. The applicant has included medical information from the Department of Veterans Affairs dated 26 Oct 1978, which reflects he was denied service connection for his organic back condition. He has submitted no new medical documentation. The complete DPFD evaluation is at Exhibit C. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: His back pain was not a pre-existing condition. He was in perfect health when he enlisted in the Air Force. His back pain began after he was stationed in Turkey. He concedes that he was angry with Air Force doctors because they could not find a cause for his pain. He should have been sent to a legal representative instead of stating he was crazy. He was not offered legal representation. The applicant further explains why he allowed Air Force doctors to force him out the Air Force. In further support of his appeal, the applicant provides numerous witness statements, DD Form 149, Application for Correction of Military Record, and duplicate copies of documents included in his original submission. His complete response, with attachments, is at Exhibit E. _______________________________________________________________ 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. After a thorough review of the evidence of record and the applicant’s complete submission, we are not convinced he has been the victim of an error or injustice. While the applicant contends his back pain was not a pre-existing condition; the evidence of record reflects that he was discharged for psychogenic musculo- skeletal reaction (back pains due to psychiatric disturbance) which existed prior to service and was not aggravated by his military service. He also contends that he was not offered legal representation; however, according to the applicant’s Request for Discharge for Physical Disability letter, dated 15 Sep 1959, he certified that his request for discharge was fully explained to him and that he understood that he could be discharged for physical disability without disability retirement or severance pay. Therefore, we find the applicant has not provided sufficient evidence which would lead us to believe that he should receive a disability retirement. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sough 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 issue(s) involved. Therefore, the request for a hearing is not favorably considered. _______________________________________________________________ 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 BC-2012- 04941 in Executive Session on 25 Jul 2013, under the provisions of AFI 36-2603: , Vice Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2012-04941: Exhibit A. DD Form 149, undated, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPFD, dated 23 Jan 2013. Exhibit D. Letter, SAF/MRBR, dated 8 Feb 2013. Exhibit E. Letter, Applicant, 3 Apr 2013, w/atchs.