RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01334
INDEX CODE: 108.00
COUNSEL: Mr. William E. Cassara
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be changed to reflect that he was discharged for medical
reasons; or in the alternative, his case be referred to a Physical
Evaluation Board (PEB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His tenure in the Air Force was marked by a number of episodes that should
have keyed his supervisors into knowing that he suffered from severe
depression and an inability to cope. The Air Force had indications that he
suffered from a learning disability as early as June 1984. He was
counseled for failing to satisfactorily complete a basic reading and
comprehension test. A review of the counseling confirms that he was having
significant difficulty completing the exam and he was required to enroll in
remedial reading and comprehension exams in order to finish the tests. His
difficulties can be traced back to a traumatic incident which pushed him
into a state of psychiatric depression. In 1983 he was notified of the
death of his father. He immediately fell into a state of despondency. His
reaction to the news appears to be significantly greater than the norm. He
went into a phase of uncontrollable crying and spent several months nearly
unable to speak or perform his duties. He sought treatment for his
depression but did not receive it. He was simply told to tough it out and
that he would get over it. Had he received proper medical treatment at the
time, significant future problems may have been avoided. More importantly,
he should have been medically discharged as a result of this significant
mental illness.
In the years that followed his discharge he suffered from a number of
medical problems, all of which can be traced to his medical condition while
on active duty. He has been treated for sleep apnea, narcolepsy, and a
sudden onset of weight gain. The diagnosis of hypersomnia required heavy
medication in order to get him through the workday. He was evaluated by a
psychiatrist who diagnosed his condition as Major Depression, Recurrent
type, Deferred, Narcolepsy/Sleep Apnea. The psychiatrist specifically
links his current psychiatric problems with his military service stating
that his diagnosis was precipitated by the event of his father's death and
that he did not receive the appropriate psychiatric treatment at the time.
It was further noted that he never saw a psychiatrist while he was on
active duty and that there was no medical intervention. The link between
his current problems and his military service seems clear. Had he received
treatment at the time of his father's death his current problems could have
been avoided. In the military environment, service members may be
reluctant to seek mental health counseling. However, in the applicant's
case, the treatment was never offered. In spite of the warning signs
around them, his supervisors failed to ensure that he received appropriate
medical care for his very obvious depression.
In support of his request, applicant provided his counsel's brief, letters
from his psychiatrists, documents associated with his Department of
Veterans' Affairs (DVA) disability claim, a Certificate of Training,
documents associated with his separation processing, his DD Form 214,
Certificate of Release or Discharge from Active Duty; and his DD Form 215,
Correction to DD Form 214. His complete submission, with attachments, is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 19 Apr 83 and was
progressively promoted to the grade of sergeant. He served as a
Telecommunications Systems Maintenance Specialist until 15 Apr 87, at which
time he was honorably released from active duty under the Early Release
program. He served 3 years, 11 months, and 27 days on active duty.
Subsequent to his active duty service, he served in the Air National Guard
(ANG) as an Electronic Cryptographic Communications Equipment Specialist
from 19 Apr 88 to 18 Apr 91.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The consultant states that
his service records contain numerous entries for a variety of medical
problems but none for any complaints of depressed mood, including in 1983
when his father died. There is no evidence of sleep complaints or learning
difficulties noted in the service medical records. He did not have a
separation physical examination. He requested an examination but was
separated before the exam was accomplished. However, he underwent a
complete examination in March 1988 when he enlisted in the ANG. On the SF
93, Report of Medical Examination, dated 23 Mar 88, the applicant reports
his present health as "good." He checked "No" to questions regarding
depression, sleep and learning problems including frequent trouble
sleeping, depression or excessive worry, nervous trouble of any sort, loss
of memory or amnesia, attempted suicide, or any other somatic symptoms that
sometimes accompany depression or anxiety. A DVA rating decision denied
his claim for service connection for depression, narcolepsy and sleep apnea
concluding that these conditions neither occurred nor were caused by
service.
There is no evidence that he exhibited any symptoms of depression, sleep
disorder of pathologic learning difficulties while on active duty or in the
ANG. None of the conditions that he was treated for were unfitting for
service. There is no evidence that he was denied care by his supervisors
or medical personnel or that there were symptoms, which should have
suggested that he required referral for evaluation. The evidence he
provided from his civilian providers is dated several years after his
discharge. The learning disability he contends he has was not unfitting
for service and evidence shows that he was able to successfully complete
rigorous technical training both wile on active duty and in the ANG. The
Medical Consultant evaluation is at Exhibit C.
AFPC/DPPD recommends denial. DPPD states that his medical records show he
was treated for various conditions while on active duty, however, none were
identified to be serious or life threatening enough to require referral
through the Air Force military disability evaluation system. All
indications show that he was reasonably capable of performing his military
duties as an Electronic Cryptographic Communications Equipment Specialist
and as a Telecommunications Systems Maintenance Specialist. There is no
indication that his current conditions occurred during his military
service. He has not provided evidence to show an injustice occurred at the
time of his voluntary release from active duty. The DPPD evaluation is at
Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Counsel states that the focus of the applicant's contention is that his
current diagnosis of severe depression is directly linked to his military
service and the Air Force's failure to properly treat him for depression
after his father's death. His psychiatrist unequivocally states that his
current medical condition was due to the Air Force's failure to properly
treat him at the time of his father's death. DPPD's statement that there
is no evidence that his depression was so severe as to warrant intervention
while the applicant was on active duty, is precisely the point. His claim
is that he should have been treated while on active duty. His complete
submission is at Exhibit F.
_________________________________________________________________
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 do not
find his uncorroborated assertions sufficiently persuasive to override the
rationale provided by the Air Force. We see no evidence, which would lead
us to believe that at the time of his separation, a physical condition
existed that would have disqualified him from worldwide military service.
Therefore, we see no reason why he would have been eligible for
consideration in the disability evaluation system. We agree with the
opinions and recommendation of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice. In
the absence of persuasive 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 Docket Number 02-01334 in
Executive Session on 26 Mar 03, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. James W. Russell III, Member
Mrs. Carolyn J. Watkins-Taylor, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 May 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 2 Jan 03.
Exhibit D. Letter, AFPC/DPPD, dated 29 Jan 03.
Exhibit E. Letter, SAF/MRBR, dated 7 Feb 03.
Exhibit F. Counsel's Letter, not dated
THOMAS S. MARKIEWICZ
Vice Chair
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