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AF | BCMR | CY2003 | BC-2003-00712
Original file (BC-2003-00712.doc) Auto-classification: Denied





                       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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