RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01560
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her medical condition for Bulimia Nervosa, diagnosed at the time of
her disability discharge, be considered service-connected in order to
qualify for Department of Veterans Affairs (DVA) medical treatment.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She completely disagrees with the statement “Disability, Existed Prior
to Service.” She was diagnosed with bulimia in the summer of 2001.
Never before had she seen a doctor for this disorder. The reason she
is asking for this change is because she still suffers from this
disorder. It has gotten even worse today. She is seeking help from
the VA and has filed a claim. She is in fear that because it is
stated on her DD Form 214, which might prevent her from receiving the
help that she greatly needs.
In support of her application, she provided a personal statement.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 26 July 1995. She
was progressively promoted to the grade of senior airman on 26 July
1998. She received seven Enlisted Performance Reports, in which the
overall evaluations were 5, 5, 5, 5, 5, 3, and 3.
On 25 June 2002, the Secretary of the Air Force directed that the
applicant be discharged for physical disability due to a condition
that existed prior to service (EPTS) and not aggravated by service
under the provisions of other than Chapter 61, Title 10, U. S. Code.
On 31 July 2002, the applicant was discharged from the Air Force
because of physical disability due to a condition that existed prior
to service (EPTS) under the provisions of AFI 36-3212. She served
seven years and six days on active duty.
Other remaining relevant facts pertaining to this application,
extracted from the applicant's military records, are contained in the
letter prepared by the appropriate offices of the Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant states that Bulimia Nervosa more typically
has its onset during mid to late adolescence and there was no recorded
history of eating disorder or other mental health issues during
adolescence. A history of episodes of overeating before age 12
without other features of eating disorder is not sufficiently
compelling in the absence of problems during adolescence to conclude
that the condition existed at that time. The applicant performed her
duties in an exemplary fashion for the first five years of her seven-
year career, demonstrating an absence of significant mental health
issues until depression and Bulimia Nervosa developed. With treatment
her conditions essentially resolved, however, due to the requirement
for a continued waiver from the weight management program she was
referred for Medical Evaluation Board. The Informal Physical
Evaluation Board (IPEB) determined her condition, if service
connected, was rated at the 10 percent level. The BCMR Medical
Consultant concluded that the evidence indicating the applicant’s
condition existed prior to service was insufficient to achieve the
preponderance-of-the-evidence confidence level.
The BCMR Medical Consultant is of the opinion that the preponderance
of the evidence does not support a finding of EPTS and recommends a
change of records to show a disability discharge for Bulimia Nervosa
at 10 percent. A complete copy of the evaluation is attached at
Exhibit C.
AFPC/DPPD states that the purpose of the military disability
evaluation system (DES) is to maintain a fit and vital force by
separating or retiring members who are unable to perform the duties of
their office, grade, rank or rating. Those members who are separated
or retired by reason of a physical disability may be eligible for
certain disability compensation. The decision to process a member
through the military DES is determined by a Medical Evaluation Board
(MEB) when he or she 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.
After summarizing the facts of the case, DPPD indicated that
individuals who enter the Service with a pre-existing condition and
who are determined unfit for the condition shall not be entitled to
disability separation or retired pay unless the military service
aggravated the condition or hastened the condition’s rate of natural
progression. After reviewing the BCMR Medical Consultant advisory,
dated 21 November 2003, they forwarded the case file to the IPEB for
further adjudication of the record. The IPEB further reviewed the
preponderance of evidence and determined that this issue falls into a
matter of opinion between medical officials and consideration of the
applicant’s motivation. While it is true that the applicant did not
disclose any history of Bulimia Nervosa behaviors in her adolescent
years, the fact that her binging/purging behavior began at the
beginning of her Air Force career (1995) signifies it is clearly
feasible that it is merely the natural progression of a pre-existing
condition. The IPEB also noted that her eating disorder chronology
may not be typical, but it is not definitely ruled out as pre-
existing. If nothing else there is adequate evidence that the 180-day
rule (DODI 1332-38, E3, P4.5.4.1) should apply. Seeing that the
member agreed with the initial findings, it is also clear that the
member’s concerns over paying for medical treatment reflect secondary
gain.
Veterans who incur service-connected medical conditions while on
active duty are authorized compensation and medical care from the
Department of Veterans Affairs (DVA) under the authority of Title 38,
USC. The DVA is chartered to provide continual medical care to
veterans once they depart active duty. Under Title 38, USC, the DVA
may increase or decrease an individual’s disability rating based on
the seriousness of the medical condition throughout their life span.
The DVA is also responsible to determine a veteran’s service
connection and eligibility for compensation/treatment once they are
released from active duty.
Having reviewed the disability processing records, DPPD concluded the
applicant was treated fairly throughout the DES process, and she was
properly rated under disability laws and policy at the time of her
medical discharge. Following their assessment, they determined no
injustice or errors occurred during the DES process that would warrant
changing her medical condition for Bulimia Nervosa to be determined
service connected. Therefore, they recommend denial of the
applicant’s request.
A complete copy of their evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 February 2004, copies of the Air Force evaluations were forwarded
to the applicant for review and response. 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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After reviewing the
evidence presented, we are persuaded that the applicant may have been
the victim of an injustice. Based on the assessment by the BCMR
Medical Consultant, it appears probable that the applicant’s unfitting
condition did not exist prior to service or that, if it did, based on
her excellent duty performance for the first five of her seven years
on active duty before developing symptoms of depression and Bulimia
Nervosa, at the very least, it was aggravated by service. In view of
the evaluation by the BCMR Medical Consultant and the totality of the
evidence of record, and notwithstanding any motivation on her part
when she filed this appeal, we believe the ends of justice would best
be served by resolving any doubt in this matter in the applicant’s
favor. Therefore, we recommend the applicant’s records be corrected
to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that:
a. On 25 June 2002, competent authority determined that her
unfitting condition, Bulimia Nervosa, rated at 10%, was incurred while
she was entitled to receive basic pay, rather than existing prior to
service; that the disability was incurred in line of duty; that the
degree of impairment was permanent; that the disability was not due to
intentional misconduct or willful neglect; that the disability was not
incurred during a period of unauthorized absence; and that the
disability was not received in the line of duty as a direct result of
armed conflict or caused by an instrumentality of war.
b. On 31 July 2002, she was honorably discharged by reason of
physical disability with entitlement to disability severance pay under
the provisions of AFI 36-3212 (Physical Evaluation for Retention,
Retirement, and Separation).
_________________________________________________________________
The following members of the Board considered this application, BC-
2003-01560, in Executive Session on 25 March 2004, under the
provisions of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Ms. Beth M. McCormick, Member
Mr. Albert C. Ellett, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 May 2003, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 21 Nov 03.
Exhibit D. Letter, AFPC/DPPD, dated 29 Jan 04.
Exhibit E. Letter, SAF/MRBR, dated 6 Feb 04.
ROBERT S. BOYD
Panel Chair
AFBCMR BC-2003-01560
INDEX CODE: 110.00
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to, be corrected to show that:
a. On 25 June 2002, competent authority determined that her
unfitting condition, Bulimia Nervosa, rated at 10%, was incurred while
she was entitled to receive basic pay, rather than existing prior to
service; that the disability was incurred in line of duty; that the
degree of impairment was permanent; that the disability was not due to
intentional misconduct or willful neglect; that the disability was not
incurred during a period of unauthorized absence; and that the
disability was not received in the line of duty as a direct result of
armed conflict or caused by an instrumentality of war.
b. On 31 July 2002, she was honorably discharged by reason
of physical disability with entitlement to disability severance pay
under the provisions of AFI 36-3212 (Physical Evaluation for
Retention, Retirement, and Separation).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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