RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04557 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation be changed from miscellaneous discharge to permanent disability retirement. ________________________________________________________________ APPLICANT CONTENDS THAT: He has been granted service connection by the Department of Veterans Affairs (DVA) for post-traumatic stress disorder (PTSD), major depressive disorder recurrent severe, with psychotic features and panic disorder with agoraphobia dating from 21 August 2006 to present. He believes he should have undergone a Medical Evaluation Board (MEB) due to his combat related stressors. In support of the appeal, the applicant provides his DD Form 214, Certificate of Discharge or Release from Active Duty, his DVA rating and medical records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 2 May 1996. On 19 May 2010, the Air Force Personnel Center approved the applicant’s request for early separation for miscellaneous reasons under the Expanded FY10 and FY11 Force Management Program. He was honorably discharged on 23 August 2010 for miscellaneous/general reasons. He was credited with 14 years, 3 months and 23 days of active duty service. ________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The applicant’s medical records were reviewed and a number of episodes of care for cardio-respiratory, spanning a little over 10 years were noted. Some of the episodes of care included a complaint of irritability diagnosed as adjustment disorder, a right ankle injury, left chest wall secondary to blunt trauma, chest pain and heart palpitations. The applicant also complained that he never felt rested after sleep and was diagnosed with adjustment disorder with depressed mood. He had a sprained ankle, which he shortly reported was pain free and expressed his wish to resume training to prepare for his fitness assessment. The applicant’s records also revealed duty restrictions with profiles from December 2005 through March 2006 and two instances of being placed on quarters. There is no evidence supplied to demonstrate sustained duty limiting profiles rendering the applicant non-worldwide qualified of a sufficient level of impairment and sustained duration, 12 months or more, to trigger an MEB. The military Disability Evaluation System (DES) was established to maintain a fit and vital fighting force. By law, the DES can only offer compensation for those service incurred diseases or injuries which specifically render a member unfit for continued active service and were the cause for career termination. Service members are considered unfit when the evidence establishes that a member, due to physical disability, is unable to reasonably perform the duties of his or her office, grade, rank, to include duties during a remaining period of Reserve obligation. Although the record indicates the applicant received periodic evaluations for chest pain and shortness of breath and attended periodic visits with Life skills Support Center for significant recurring stressors, recurring heart palpitations, acute bronchitis and obstructive sleep apnea, none of these appear to have interfered with the applicant’s ability to perform his military duties to the level of sustained restrictions that would have warranted a medical hold and retroactive processing through the military DES. The Department of Defense Instruction 1332.36, states the mere presence of a medical condition is not sufficient for an unfit finding. Additionally, regardless of the presence of an illness or injury, inadequate performance of duty, by itself, shall not be the considered as evidence of unfitness due to physical disability unless it is established that there is a cause and effect relationship between the two factors. The Medical Consultant found no cause and effect between the applicant’s multiple service episodes of care and the multiple post-service ailments for which he has received disability compensation and his retainability or inability to perform his duties. Therefore, the applicant’s elective release from military service cannot be viewed as an error or injustice on part of the Military Department. The DVA operates under Title 38 and is authorized to offer compensation for any medical condition with nexus to military service, without regard to its demonstrated or proven impact upon a service member’s retainability, fitness to serve, or narrative reason for release from military service. This is the reason individuals can be found fit for release from military service for one reason and yet receive compensation ratings from the DVA for service-connected, but not military unfitting conditions. The applicant has not met the burden of proof of an error or injustice that warrants the desired change of record. The BCMR Medical Consultant’s complete evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 August 2012, for review and comment within 15 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We carefully considered the available evidence of record; however, we found no indication the actions taken to effect the applicant’s discharge was improper or contrary to the provisions of the governing instructions. Therefore 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 BCMR Docket Number BC-2011-04557 in Executive Session on 20 September 2012, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dtd 1 Nov 11, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, BCMR Medical Consultant, dtd 27 Aug 12. Exhibit D. Letter, SAF/MRBR, dtd 28 Aug 12. Panel Chair