RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00712
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her honorable discharge be set aside and she be awarded a disability
discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
After serving for four and one half years in the Air Force (AF), on 25
June 1999, she was involved in a severe car accident. As a result of
the accident she sustained a head injury, a left dead ear, collapsed
lung, a fractured left hip and many other injuries. She agreed to
speak with a psychiatrist due to memory loss, lack of sleep, and many
headaches. The psychiatrist administered a test that she refused to
complete as the test asked questions about her past. Therefore, she
scored at a 3rd or 4th grade level IQ and was told she was unfit to
serve her country due to the low IQ and a mental disorder. She argues
that she scored high on her Armed Services Vocational Aptitude Battery
(ASVAB) test prior to entry on active duty. Her ASVAB scores should
dispel any doubt as to her IQ level. She contends she was
administratively discharged because she entered active duty with a
preexisting low IQ and mental disorder. She has worked to overturn
the administrative discharge and have it changed to a medical
discharge based on her performance prior to her accident and her
injuries received as a result of the accident. She contends she was
told, when signing her discharge, she could put in a rebuttal. She
did so and recently found out the AFBCMR had not received it.
In support of her appeal, the applicant has provided a personal
statement, copies of a court order showing a recent name change, her
administrative discharge package, a DD Form 214, Certificate of
Release or Discharge from Active Duty, and a request for her
congressman, through SAF/LLI, to help her change her type of
discharge.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force effective 6 September
1995. She was disciplined for writing checks with insufficient funds
in May and June 1999 (10 checks between 4 May 99 and 20 Jun 99
totaling over $1400), failure to maintain sufficient funds, and
failure to pay just debt (between June and August 1999). An Enlisted
Performance Report (EPR) closing out 31 Dec 99 indicated financial
irresponsibility prior to Jan 99 and stated that “…financial
irresponsibility has followed her from a previous assignment and she
has not taken the proper steps to correct problems.” On 25 Jun 99,
she was involved in a serious automobile accident in which she
sustained a concussion, a collapsed lung, and a pelvic fracture. She
was hospitalized, in intensive care, from 25 Jun through 1 Jul 99 and
was then placed on convalescent leave until 2 Aug 99. In Sep 99, she
bounced another check and received non-judicial punishment. On 16 Nov
99, she was referred for a mental health evaluation. The evaluation
summarized a history of numerous physical complaints without medical
explanation since entering active duty and noted a significant
childhood history of severe abuse and possible history of an eating
disorder. She was diagnosed with a Somatoform Disorder coupled with a
borderline intellectual function and a histrionic personality trait.
Her condition at the time was not considered serious enough to warrant
disability processing. In Dec 99, she was diagnosed with Graves
Disease (a form of hyperthyroidism) that was ultimately treated with
surgery. She was administratively separated on 18 February 2000 due
to unsuitability. She had served four years, five months and thirteen
days at separation.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends no changes be made to the
applicant’s records. Evidence of record shows the applicant
demonstrated symptoms of somatoform disorder before the MVA. Post
MVA, the condition was not thought severe enough to warrant referral
to the disability evaluation system. However, the attending
psychologist did argue that the condition was incompatible with
continued military service in combination with her unsuiting
maladaptive personality traits (Histrionic) and her intellectual
functioning. The post service DVA rating of zero percent would appear
to confirm this impression but it must be noted the applicant did fail
to show for a rating mental health examination. While DVA records
show a continued complaint of her somatoform disorder, they seem to be
of lesser frequency and severity than those experienced while on
active duty.
The onset of the applicant’s misconduct, including financial
irresponsibility, predated the MVA. Because of the results of the
mental health evaluation, her commander, instead of a general
discharge for misconduct, opted to discharge her for unsuitability
with an honorable discharge and set aside her non-judicial punishment.
The Medical Consultant states action and disposition in her case were
proper and equitable reflecting compliance with Air Force directives
that implement the law.
The Medical Consultant’s complete evaluation is at Exhibit C.
AFPC/DPPD recommends denial. DPPD notes that Department of Defense
(DoD) policy states 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, United States Code (U.S.C.). These conditions are
considered unsuiting rather than unfitting. The applicant has not
submitted any material or documentation to show an injustice occurred
during her involuntary administrative discharge.
DPPD’s complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states she joined the military in order to make a career of
it. After the car accident she was hoping for some time to heal and
was shocked to learn she was lucky to be alive. She states there is
no evidence her mental disorder existed prior to her accident and
contends the mental disorder is a product of the accident. She does
not agree with the assertion that, after her mental health evaluation,
she was found to have a 3rd or 4th grade IQ level. She attended
college successfully, was promoted to Senior Airman, and passed her
initial ASVAB tests to gain entry into the AF.
She would like to be considered for permanent retirement through the
AF since they have deemed her medical problems as permanent and stable
but she is no longer able to serve her country as a result. She hopes
to have a decision soon as this is her third attempt to correct her
records.
Applicant’s complete response, with attachments, 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After reviewing the evidence of
record, we are not persuaded the applicant should have been discharged
for physical disability. Her contentions are duly noted; however, the
detailed comments provided by the Chief Medical Consultant, in our
opinion, accurately addresses her allegations. Therefore, we are in
agreement with the opinions and recommendation of the Medical
Consultant and adopt his rationale as the basis for our conclusion
that the applicant has not been the victim of either an error or an
injustice. In view of the above findings, we find no basis upon which
to provide favorable action on 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 AFBCMR Docket Number BC-
2003-00712 in Executive Session on 6 November 2003, under the
provisions of AFI 36-2603:
Ms. Marilyn Thomas, Vice Chair
Mr. Roscoe Hinton, Member
Mr. J. Dean Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Feb 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 31 Jul 03.
Exhibit D. Letter, AFPC/DPPD, dated 24 Sep 03.
Exhibit E. Letter, SAF/MRBR, dated 3 Oct 03.
Exhibit F. Letter, Applicant, dated 20 Oct 03, w/atchs.
MARILYN THOMAS
Vice Chair
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