RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03291
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be set aside and she be
given a disability retirement.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The discharge she received was improper because she was diagnosed with a
bipolar disorder one month after receiving her discharge. She was going to
life skills daily before her discharge telling them the same exact things
she is telling her present doctor and was never properly diagnosed. If she
would have been properly diagnosed, she believes she could have gotten the
help and medication she needed to make a complete turnaround and wouldn't
have been discharged for unsatisfactory performance. She is currently
being seen for her disorder and is considered 30% disabled through the
Department of Veterans Affairs (DVA).
In support of her request, the applicant submits a copy of a DVA medical
report and rating decision
The applicant's complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted her initial enlistment in the Regular Air Force on
6 January 1999. She was progressively promoted to the grade of airman
first class, having assumed that grade effective and with a date of rank of
6 Apr 99.
On 22 Oct 01, applicant was notified by her commander that he was
recommending that she be discharged from the Air Force in accordance with
AFPD 36-32 and AFI 36-3208, paragraphs 5.26.1 and 5.26.3. The specific
reason for this action was that she received a Letter of Reprimand (LOR) on
12 Dec 00 for writing seven bad checks without sufficient funds, and an LOR
on 4 Jan 01 for repeated failure of emergency actions controller exams. On
16 Feb 01, a Security Information File (SIF) was established suspending her
access to classified information. She received another LOR on 12 Mar 01
for writing several bad checks and failure to pay just debts. She received
non-judicial punishment on 14 May 02 with an Article 15 for making a false
official statement with intent to deceive (regarding the number of leave
days she had on her leave and earning statement, and that she had already
purchased an airline ticket home, both facts were false), and substandard
performance (referral EPR, SIF, losing cryptographic access). She was
advised of her rights in this matter and acknowledged receipt of the
notification on 22 Oct 01. Applicant waived her right to consult counsel
and elected not submit matters on her own behalf. In a legal review of the
case, the staff judge advocate, found the case legally sufficient but
disagreed with the commander's recommendation that an honorable discharge
was warranted and recommended that she be discharge with a general (under
honorable conditions) discharge. On 30 Oct 01, the discharge authority
concurred with the recommendation and directed that she be discharged with
a general discharge, without probation and rehabilitation. Applicant was
discharged from the Air Force on 2 Nov 01. She served 2 years, 9 months,
and 27 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states that in the months prior to the applicant's discharge she was
diagnosed first with adjustment disorder and then depression that rapidly
responded to therapy but was not deemed severe enough to warrant evaluation
in the disability evaluation system (DES). Following her discharge,
recurrent depression and a family history of bipolar disorder has led to a
reported diagnosis of bipolar disorder and disability compensation by the
DVA.
The applicant clearly has an affective disorder diagnosed as major
depression while on active duty. The May 2001 psychiatry evaluation also
diagnosed depression but opined that she might have bipolar disorder based
on a reported family history of bipolar disorder and not based on clearly
identified hypomanic or manic episodes. Thus, the post service diagnosis
of bipolar disorder is not fully supported by the evidence presented. Her
symptoms of depression were not of the severity to warrant referral for
evaluation in the DES prior to her discharge. Following discharge her
symptoms worsened and she has properly received disability compensation
from the DVA. Increased severity of symptoms due to transient stressors
associated with separation or retirement from the Air Force and relocation
or re-employment will not be considered in determining the degree of
impairment for purposes of disability compensation.
The BCMR Medical Consultant is of the opinion that no change in the records
is warranted. The preponderance of the evidence does not support the
applicant's contention that her misconduct was the result of mania of
undiagnosed Bipolar Disorder and excuses her from the consequences of that
behavior and makes her eligible for a disability discharge. Action and
disposition in this case are proper and equitable reflecting compliance
with Air Force directives that implement the law.
The BCMR Medical Consultant's evaluation is at Exhibit C.
AFPC/DPPD recommends denial. DPPD states the applicant's justification for
a change in her current discharge to a disability discharge appears to be
based upon her DVA evaluation conducted in May 02. The DVA rating decision
diagnoses the member with a major depressive disorder and suggests the
possibility of a bipolar disorder. Her service-connection for bipolar
disorder with major depressive disorder was granted based on her mental
health evaluations conducted during her active military duty. A subsequent
DVA psychiatric evaluation in June 2002 rendered a diagnosis of bipolar
disorder. Consequently, the DVA in October 2002, granted her service-
connected compensation for her bipolar disorder with major depression rated
as 30 percent disability and retroactive to 3 Nov 01, one day following her
release from active duty.
DPPD's assessment of the case file revealed no errors or irregularities
during the administrative discharge process that would justify a change in
her military records. The preponderance of evidence in the applicant's
military records does not substantiate or support her request for
disability discharge.
The AFPC/DPPD evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force Evaluations were forwarded to the applicant on 3
Jul 03 for review and comment within 30 days. As of this date, this office
has received no response.
___________________________________________________________________
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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we do not
find her 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 her separation, a physical condition existed
that would have disqualified her from worldwide military service.
Therefore, we see no reason why she would have been eligible for
consideration in the disability evaluation system. It is important to note
that for an individual to be considered unfit for military service, there
must be a medical condition so severe that it prevents performance of any
work commensurate with rank and experience. In this case, her condition
did not render her unfit for continued service. The DVA compensation
system was written to allow awarding compensation ratings for conditions
that were not unfitting for military service but may later progress in
severity and alter the individual's lifestyle. Therefore, 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 AFBCMR Docket Number BC-2002-
03291 in Executive Session on 21 Aug 03, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Roscoe Hinton, Jr., Member
ms. Brenda L. Romine, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Nov 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 27 May 03.
Exhibit D. Letter, AFPC/DPPD, dated 25 Jun 01.
Exhibit E. Letter, SAF/MRBR, dated 3 Jul 03.
RICHARD A. PETERSON
Panel Chair
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