RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02906
INDEX NUMBER: 108.01; 110.02
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His honorable discharge on 2 Jun 98, be changed to a medical discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was diagnosed with a mental condition and will be on drugs to prevent
loss of control for the rest of his life. At the time of his discharge, he
was afraid to request a medical discharge (Exhibit A).
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the regular Air Force on 22 Mar 95, in the grade
of E-3. He was promoted to the grade of E-4, effective 22 Jul 97. On 26
May 98, the applicant’s commander recommended that he be discharged for
conditions that interfere with military service (specifically for a mental
disorder) with an honorable discharge. The applicant was notified on 26
May 98, and waived his rights to counsel and to submit statements in his
behalf. On 26 May 99, a legal review of the administrative discharge
action found the case legally sufficient. He was subsequently discharged
on 2 Jun 98, by reason of a personality disorder, with an honorable
discharge. He had served 3 years, 2 months and 11 days on active duty.
The relevant facts pertaining to the applicant’s medical condition,
extracted from his military and Department of Veterans Affairs (DVA)
records, are contained in the letter prepared by the appropriate office of
the Air Force. Accordingly, there is no need to recite these facts in this
Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATIONS:
The BCMR Medical Consultant reviewed this application and recommended no
change in the applicant’s records. The applicant was medically evaluated
over a sufficient length of time while in the hospital for a valid
determination of his underlying personality disorder that led to his
discharge. Since personality orders are unsuiting as opposed to unfitting
conditions, the applicant was not a candidate for consideration in the
disability evaluation system. Evidence of record shows that the applicant
was properly evaluated, that his administrative discharge was appropriate,
and that no error or injustice occurred (Exhibit C).
The Physical Disability Division, AFPC/DPPD, reviewed this application and
recommended approval. Their discussion of the case follows.
We carefully reviewed the application and verify that the applicant was
never referred to or considered by the Air Force Disability Evaluation
System under the provisions of AFI 36-3212. The purpose of the military
disability evaluation system is to maintain a fit and vital force by
separating members who are unable to perform the duties of their office,
grade, rank or rating. Members who are separated or retired for reason of
physical disability may be eligible for certain disability compensations.
Eligibility for disability processing is established by a Medical
Evaluation Board (MEB) when that board finds that the member may not be
qualified for continued military service. The decision to conduct an MEB
is made by the medical treatment facility providing care to the member.
A review of the applicant’s administrative discharge package revealed a
mental health evaluation conducted by the staff psychiatrist, and a
subsequent concurrence of stated findings by the R--- AFB Medical Group
commander. During the mental evaluation, the member's behavior appeared
aggressive, he was fully alert, oriented, depressed, confused, and his
thought process abnormal, with a fair memory. Based on his extensive
evaluation, the following findings were made: Axis I: Cyclothymic
Disorder, Provisional, Axis II: Personality Disorder, not otherwise stated
(Borderline and Antisocial Personality traits), with no Axis III diagnosis.
Evaluation did not include a military or a civilian social and industrial
adaptability impairment statement.
To ensure that the member received a full and fair hearing, the member's
case was forwarded to the Informal Physical Evaluation Board (IPEB) for
their evaluation. Based on the preponderance of evidence within the
records, the Board would have recognized that the member had both a
provisional Axis I diagnosis of Cyclothymic Disorder, a ratable and
compensable condition, and a Personality Disorder, which is a non-ratable,
non-compensable condition under military disability laws and policy.
Subsequently, the Board would have found the member unfit for continued
military service and recommended either Discharge with Severance Pay (DWSP)
or would have placed him on the Temporary Disability Retired List (TDRL)
depending on the severity and stability of the condition at the time of the
IPEB's assessment.
Because the member's separation mental health evaluation did not include a
social and industrial (S&I) adaptability impairment statement, we utilized
some of the information from the Veterans Administration's (VA) mental
evaluation dated 2 Feb 99, (completed some six months following his
administrative discharge) in making our assessment. Again, based on the
preponderance of evidence, and giving the member the benefit of the doubt,
we determined that our recommendation would have been DWSP with a
disability rating of 10 percent, also noting that the member's Personality
Disorder was likely a contributing factor to the severity of his
Cyclothymic Disorder. Based on the IPEB's assessment, they concluded that
it appears that the member's diagnosis for Cyclothymic Disorder, which is
ratable and compensable under military disability laws and policy, may have
been overlooked during the administrative discharge process causing an
injustice to the applicant.
AFPC/DPPD’s complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Copies of the Air Force evaluations were forwarded to the applicant on 15
Oct 99, for review and response. As of this date, no response has been
received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice to warrant changing the
applicant’s record to reflect he was discharged by reason of physical
disability. We accept the opinion of the USAF Physical Disability Division
that, based on a preponderance of the evidence of record, the diagnosis of
the applicant’s condition of Axis I, Cyclothymic Disorder, a ratable and
compensable condition under the under military laws and policy, may have
been overlooked during the administrative discharge process. Therefore,
the applicant’s records should be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that:
a. On 1 Jun 98, he was found unfit to perform the duties of his
office, rank, grade or rating by reason of a physical disability incurred
while entitled to basic pay; that the diagnosis in his case was Cyclothymic
Disorder, VASRD Code 9431, rated at 10 percent; that the disability was
permanent; that the disability was not due to intentional misconduct or
willful neglect; that the disability was not incurred during a period of
unauthorized absence; and that the disability was not received in the line
of duty as a direct result of armed conflict.
b. He was not involuntarily released from active duty on 2 Jun 98,
but on that date, he was honorably discharged by reason of a physical
disability with entitlement to disability severance pay, rated at 10
percent under the provisions of AFI 36-3212.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 6 Jan 2000, under the provisions of AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
Ms. Cathy L. Boockholdt, Member
Mr. Michael V. Barbino, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Oct 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 4 Aug 99.
Exhibit D. Letter, AFPC/DPPD, dated 20 Sep 99.
Exhibit E. Letter, SAF/MIB, dated 15 Oct 99.
CHARLES E. BENNETT
Panel Chair
AFBCMR 98-02906
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, SSAN, be corrected to show that:
a. On 1 Jun 98, he was found unfit to perform the duties of
his office, rank, grade or rating by reason of a physical disability
incurred while entitled to basic pay; that the diagnosis in his case was
Cyclothymic Disorder, VASRD Code 9431, rated at 10 percent; that the
disability was permanent; that the disability was not due to intentional
misconduct or willful neglect; that the disability was not incurred during
a period of unauthorized absence; and that the disability was not received
in the line of duty as a direct result of armed conflict.
b. He was not involuntarily released from active duty on 2 Jun
98, but on that date, he was honorably discharged by reason of a physical
disability with entitlement to disability severance pay, rated at 10
percent under the provisions of AFI 36-3212.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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