RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00433 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her uncharacterized character of service be changed to a medical discharge. 2. She receive an examination for the purpose of finding her degree of disability, for which she may be eligible to receive benefits. _________________________________________________________________ APPLICANT CONTENDS THAT: It is very clear in her records that she had a problem before being sent to Germany and she was separated because she was getting close to the 180 days needed to obtain benefits. She believes her condition was found early in her service and it was not dealt with in a proper manner. In support of her request, the applicant provides a personal statement and documents extracted from her military personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 4 February 2003. She served as a Supply Management Apprentice. On 24 June 2003, the applicant was notified by her commander of his intent to recommend that she be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208, paragraph 5.11.9. The specific reason is a staff psychiatrist, Life Skills Support Center, diagnosed the applicant as having an Adjustment Disorder with Mixed Depression and Anxious Mood, Generalized Anxiety disorder which existed prior to entry, and Post Traumatic Stress Disorder which existed prior to entry. These disorders significantly impaired her ability to function in a military environment. The development of suicidal ideation as a way of coping with the stress of life in the military led to the applicant being unable to perform her duties. She was advised of her rights in this matter and acknowledged receipt of the notification. After consulting with counsel, the applicant elected not to submit statements on her own behalf. In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended discharge. On 5 July 2003, the discharge authority concurred with the recommendations and directed an entry-level separation. The applicant was discharged on 18 July 2003. She served 5 months and 15 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends denial. The AFBCMR Medical Consultant states the onset of shin splints during Basic Military Training (BMT) is a common ailment, it generally does not constitute a permanent impairment unless there is evidence of stress fractures; as would be diagnosed by bone scan. When stress fractures are diagnosed during military service, the individual may be eligible for a Medical Evaluation Board (MEB) and further processing through the Disability Evaluation System (DES). The applicant has provided no evidence that she incurred stress fractures. Individuals who incur so-called shin splints and are unable to complete BMT, are more often than not released from military service (entry-level separation) and allowed an opportunity to later re-enter the service after resolution of symptoms for a sufficient period. The AFBCMR Medical Consultant notes the reason for the applicant’s separation was related to a mental impairment and while PTSD and Generalized Anxiety Disorder (GAD) could qualify for processing through the DES, the fact that both were determined existed prior to entry (EPTE), more likely than not would result in a finding of unfit, but a separation without disability compensation, under Chapter 61, Title 10, United States Code, for a condition determined to have existed prior to service. Although listed in the Veterans Administration Schedule for Rating Disabilities as a ratable and compensable disorder, an Adjustment Disorder is not considered a compensable disorder by the Department of Defense, and thus, if interfering sufficiently with military service, may be the cause for involuntary administrative separation. Provisions for entry-level separations were established for members who are unable to complete the initial requirements of military service, whether due to a mental or physical impairment, conduct, or unsatisfactory performance of duty, when processed within the first 180 days of service. The AFBCMR Medical Consultant’s complete evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 15 December 2009, a copy of the AFBCMR Medical Consultant’s evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). 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 an error or injustice. After a thorough review of the evidence of record and the applicant’s submission, we believe that relief is not warranted and the applicant has not provided any evidence which would lead us to believe otherwise. Her contentions are duly noted; however, the detailed comments provided by the AFBCMR Medical Consultant adequately address these allegations. Therefore, we agree with the opinion and recommendation of the AFBCMR Medical Consultant and adopt his rationale as the basis for our conclusion that the applicant has failed to sustain her burden of proof that she has suffered either an error or an injustice. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2009-00433 in Executive Session on 28 January 2010, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number 2009-00433 was considered: Exhibit A. DD Form 149, dated 31 January 2009, w/atchs. Exhibit B. Applicant's Master Personnel Record. Exhibit C. Letter, AFBCMR Medical Consultant, dated 10 December 2009, w/atch. Exhibit D. Letter, SAF/MRBR, dated 15 December 2009. Panel Chair