RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03053
(Case 2)
INDEX CODE: 108.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be changed to a disability discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Due to a pre-service left wrist injury, he was issued a waiver during
basic training. Subsequent to basic training, he was assigned heavy
lifting that resulted in his back, neck and wrist being injured.
He has suffered since his discharge because of his back and neck
injuries and the aggravation to his left wrist. He was forced out of
the Air Force injured and did not get due process. He is currently on
Social Security disability as a result of his military injuries.
In support of his request, the applicant submits copies of a Record of
Inpatient Treatment and a Standard Form 502, Narrative Summary
(Clinical Resume). The applicant’s complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his enlistment in the Regular Air Force on 29 Apr
85 for a period of six years. He was progressively promoted to the
grade of airman first class (E-3), with an effective date and date of
rank of 13 Jun 85.
On 18 Aug 86, the applicant received notification that he was being
recommended for discharge for conditions that interfere with military
service, character and behavior disorder. The reason for this action
was due to his mental health evaluation of 16 Jun 86. The applicant
acknowledged receipt of the notification; he consulted with counsel
and submitted a written statement in his behalf. On 30 Sep 86, the
discharge authority approved the recommended separation and directed
that the applicant be issued an honorable discharge.
The applicant was honorably discharged on 7 Oct 86 under the
provisions of AFR 39-10 (conditions that interfere with military
service-not disability-character and behavior disorder). He had
completed a total of 1 year, 5 months and 3 days and was serving in
the grade of airman basic (E-1) at the time of discharge.
_________________________________________________________________
AIR FORCE EVALUATIONS:
The AFBCMR Medical Consultant recommends the application be denied.
The AFBCMR Medical Consultant states that ongoing occupational
difficulties led to referral for mental health evaluation and
diagnosis of a personality disorder that rendered the applicant
unsuitable for continued service in the Air Force. His back pain
began in Dec 85 without specific injury that persisted for the
remainder of his time on active duty prompting numerous clinic visits,
courses of physical therapy, duty restrictions and two
hospitalizations. A medical record entry, dated 29 Aug 86, reports
that the orthopedic surgeon felt that the applicant’s back pain was
functional in origin, i.e., due to or aggravated by psychologic
factors. An emergency record, dated 8 Jul 85, indicates that the
applicant re-injured his wrist while playing basketball and was
diagnosed with a sprain. He had infrequent medical record entries for
his wrist. On 4 Jan 86, the applicant strained his neck washing a
truck and was placed on a temporary physical profile during the period
6-13 Jan 86. Following discharge from the Air Force, the applicant
filed a claim for disability with the Veterans Administration (VA) for
fractured left wrist, speech problem, cervical and low back pain and
neuropsychiatric problem. A VA Rating Decision, dated 1 Dec 86,
denied his claim for service connected disability finding relating to
the aforementioned. A VA evaluation in Feb 87 suspected personality
disorder, but indicated overall good functioning without evidence of
mental illness. Subsequent to his discharge, the applicant was
employed by McDonnell Douglas for five years. Beginning in 1993, the
applicant experienced problems with depression and in subsequent years
(no later than 1997) psychotic symptoms requiring treatment with anti-
psychotic medications, antidepressants and counseling. As a result,
he has been unemployed and at times homeless. The AFBCMR Medical
Consultant states that the evidence of record indicates that the
applicant’s back pain, neck pain, stuttering and wrist pain did not
warrant referral into the Air Force Disability Evaluation System.
Personality disorders are life-long patterns of maladjustment in the
individual’s personality structure which are not medically
disqualifying or unfitting, but may render the individual unsuitable
for further military service and may be the cause for administrative
action by the individual’s unit commander. Action and disposition in
this case are proper and equitable reflecting compliance with Air
Force directives that implement the law. The AFBCMR Medical
Consultant evaluation is at Exhibit C.
HQ AFPC/DPPD recommends the application be denied. DPPD states that
the decision to process a member through the military disability
evaluation system (DES) is determined by a Medical Evaluation Board
(MEB) when the member is determined disqualified for continued
military service. The decision to conduct an MEB is made by the
medical treatment facility providing health care to the member. The
applicant’s Mental Health Evaluation diagnosed him with a mixed
Personality Disorder with anti-social, paranoid and narcissistic
features. Department of Defense (DoD) policy states that Personality
and Adjustment Disorders do not constitute a physical disability under
the provisions of federal disability laws and policy, and are not
ratable or compensable under Title 10, USC. These conditions are
considered unsuiting rather than unfitting. A review of the
administrative discharge package was completed by the local Staff
Judge Advocate and found legally sufficient to support the proposed
discharge action. According to the applicant’s records, treatments
for his back pain, neck pain and wrist pain were not severe enough to
warrant his referral to the Air Force DES. Medical documentation
appears to reflect the applicant was reasonably capable of performing
the duties of his office, grade, rank or rating right up until his
release from active duty. USAF disability boards can only rate
unfitting medical conditions based upon the individual’s medical
status at the time of their evaluation; in essence, a snapshot of the
condition at that time. The applicant’s case file revealed no errors
or irregularities during his involuntary administrative discharge
process that would justify a change to his military records. The HQ
AFPC/DPPD evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Copies of the Air Force evaluations were forwarded to applicant on 4
Apr 03 for review and response. As of this date, no response has been
received by this office (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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinions and recommendations of the
respective Air Force offices and adopt the rationale expressed as the
basis for our decision that the applicant has failed to sustain his
burden that he has suffered either an error or an injustice. The
discharge appears to be in compliance with the governing Air Force
regulation and we find no evidence to indicate that his administrative
separation from the Air Force was inappropriate. In view of the above
and absent evidence to the contrary, we find no compelling 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 BC-2002-
03053 in Executive Session on 22 May 03, under the provisions of AFI
36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Laurence M. Groner, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Sep 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 4 Mar 03.
Exhibit D. Letter, HQ AFPC/DPPD, dated 2 Apr 03.
Exhibit E. Letter, SAF/MRBR, dated 4 Apr 03.
RICHARD A. PETERSON
Panel Chair
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