ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03078
INDEX CODE 145.02, 108.02
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
The applicant’s original application listed numerous requests; his
current request for reconsideration primarily asks that he be
medically retired for Post-Traumatic Stress Disorder (PTSD) and
Behcet’s disease.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s medical and military history is extensive, the details
of which are discussed in the 16-page Record of Proceedings (ROP) at
Exhibit L.
In summary, he had a dysfunctional and apparently abusive childhood,
and was admitted to a psychiatric hospital in 1991 when he was around
12. He enlisted in the Air Force on 18 Jun 97 with a waiver. On
10 Dec 98, he underwent a commander-directed mental health evaluation
for inappropriate and strange behavior leading to problems at work.
Further diagnostic evaluations raised credibility and integrity
issues. He alleged he was sexually assaulted, on 20 Sep 99, at the
off-base residence of an AAFES contract employee, from whom he took
piano lessons. The applicant’s mental health sessions continued, as
did his need for constant supervision and inclination towards
unprofessional behavior and distortion. He underwent medical follow-
up visits for night sweats, flashbacks to childhood abuse, and other
physical/mental symptoms. On 19 Dec 00, he was reduced from senior
airman (SRA) to airman first class (A1C) by Article 15. The commander
began administrative discharge proceedings for a general discharge on
18 Jan 01. During his career, the applicant received three referral
performance reports. On 6 Mar 01, a Medical Evaluation Board (MEB)
referred his case to an Informal Physical Evaluation Board (IPEB) for
PSTD and bilateral carpal tunnel syndrome (CTS). The IPEB found the
PTSD unfitting but not ratable/compensable because it existed prior to
service (EPTS) and the condition did not sustain permanent service
aggravation (PSA), as contended by the applicant. A Formal PEB (FPEB)
concurred. The administrative separation process was discontinued
and, on 13 Jun 01, the Secretary of the Air Force Personnel Council
(SAFPC) concurred with the FPEB findings, concluded the applicant’s
personality disorder was the principle aggravating factor in both his
disciplinary and mental health problems and, since it was the primary
reason for separation, chose that venue over an administrative
punitive discharge. The SAFPC ordered the applicant’s honorable
discharge in the grade of SRA. On 15 Jun 01, the applicant was
honorably discharged for disability, EPTS, after 4 years and 15 days
of active service. However, his DD Form 214 erroneously reflected his
reduced grade of A1C, despite the Remarks section indicating SAFPC had
restored the applicant’s highest grade held.
On 4 and 25 Aug 04, the Board denied the applicant’s requests for an
investigation by the Department of Defense Inspector General (DODIG)
into his allegations of reprisal; voidance of a Letter of Reprimand
(LOR), Control Roster action, an Unfavorable Information File (UIF),
and Article 15 punishment; remuneration for courses; award of a
decoration; and medical retirement for PTSD and Behcet’s disease. The
Board also considered the three referral Enlisted Performance Reports
but concluded they should not be changed or voided. The applicant had
also requested that his highest grade held be reflected on his DD Form
214, in accordance with the determination made by the SAFPC on 12 Jun
01, in his dual-action processing (medical vs. administrative
discharge). This was administratively accomplished on 14 Sep 05.
For an accounting of the facts and circumstances pertaining to the
applicant’s original appeal and the Board’s earlier decision and
rationale, see the ROP, with attachments, at Exhibit L.
In a letter dated 29 Apr 05, the applicant’s Senator submitted a 13
April 2005 letter provided by the applicant from a civilian medical
provider who contends that, based on his treatment of the applicant in
October 1991, there was no diagnosis of PTSD and he saw no symptoms of
PSTD at that time.
The Senator’s letter, with attachment, is at Exhibit M.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing the evidence of record, and the applicant’s
latest submission through his Senator, we remain unpersuaded that he
was the victim of either an error or an injustice. The letter from
the medical provider was noted. However, while the provider asserts
no diagnosis of PTSD was made in 1991, that does not inherently
establish it did not exist prior to the applicant’s enlistment.
Regardless, the applicant has a documented history of pre-service
psychological problems, and he manifested emotional and behavioral
difficulties more than a year before the Sep 99 incident. The
considerable documentation pertaining to this case convinces us the
applicant’s personality disorder was the fundamental cause of most of
his difficulties. This condition is not ratable or compensable under
Title 10, Chapter 61. He has not shown that he was improperly rated
and discharged for PTSD or any other disease. Although we may
disagree with the Department of Veterans Affairs (DVA) decision, under
the statutory authority of Title 38, it was their prerogative to find
the EPTS with PSA. The differences between these two disability
systems have been explained to the applicant before. The applicant’s
latest submission has neither overcome the evidence of record nor
persuaded us to overturn the rationale and conclusions reached by the
Board when his application was originally considered.
_________________________________________________________________
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 this application in
Executive Session on 29 June 2005, under the provisions of AFI 36-
2603:
Mr. Michael J. Novel, Panel Chair
Mr. Richard A. Peterson, Member
Mr. Clarence D. Long III, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2003-03078 was considered:
Exhibit L. Record of Proceedings, dated 30 Aug 04, w/atchs.
Exhibit M. Senator's Letter, dated 29 Apr 05, w/atch.
MICHAEL J. NOVEL
Panel Chair
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