RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01235
INDEX CODE: 108.00
COUNSEL: None
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be granted a medical retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was treated for a psychiatric disorder while in military service. He
should have been medically treated for anxiety, stress and depression as
well as a service-connected neurological disability of his extremities. He
was suffering from a trembling of hands and head (nerves) which was very
noticeable throughout his military tour. He was never referred to see a
neurologist for an evaluation and treatment, so his condition became worse.
If he would have received treatment for this condition while in the Air
Force it would have been controlled, and he would not have suffered so much
for over 30 years due to this service-connected condition. His psychiatric
disorder, anxiety, stress and depression, and neurological condition –
nerves (trembling of hands and head) were an embarrassment to him
throughout his military tour and present-day.
In support of the application, the applicant submits a statement from his
mother, a copy of a letter from the Department of Veterans Affairs, a copy
of his medical doctor’s business card, and a copy of a four-page medical
report.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 12 August 1971, the applicant enlisted in the Regular Air Force at the
age of 20 in the grade of airman basic. He was progressively promoted to
the grade of sergeant effective and with a date of rank of 31 July 1973.
On 11 August 1975, he was honorably discharged under the provisions of AFM
39-10 (Expiration Term of Active Obligated Service). He had completed a
total of four years of active duty service.
The following is a resume of performance reports commencing with the report
closing 6 March 1972:
PERIOD ENDING PROMOTION RECOMMENDATION
6 March 1972 9
6 March 1973 9
14 September 1973 9
14 September 1974 9
In an entry in the applicant’s chronological record of medical care, dated
12 February 1975, the examiner interviewed the applicant and discussed
problem of impotence. The examiner prescribed medication and recommended
follow-up appointment. In an entry in the applicant’s chronological record
of medical care, dated 4 March 1975, the examiner indicated the applicant’s
improvement on prescribed medications, diagnosed schizoid personality, and
recommended a follow-up appointment.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant opines no change in the records is warranted.
The BCMR Medical Consultant states available medical documentation shows
the applicant manifested long standing symptoms of anxiety and social
relational problems diagnosed as Schizoid Personality Disorder. Despite
these problems, his personnel file shows that he performed his military
duties in an outstanding manner. The BCMR Medical Consultant notes that
following discharge, the applicant continued to experience symptoms of
anxiety, depression and received continued psychiatric therapy and support.
The BCMR Medical Consultant affirms evidence of the record indicates the
applicant’s anxiety difficulties predated entry into military service and
he further manifested symptoms of personality disorder, a constitutional
problem that existed prior to service and does not qualify for DoD
disability benefits.
The BCMR Medical Consultant notes the applicant asserts that the Air Force
medical personnel failed to evaluate and treat his tremor; however, there
is no evidence in the service medical records that he sought care for
tremor or identified it to medical personnel as a bothersome symptom.
Furthermore, his diagnosis is essential tremor, a benign, usually
hereditary condition, that has no cure and for which treatment is
symptomatic. The BCMR Medical Consultant explains anxiety significantly
aggravates the condition and the applicant was treated for anxiety while in
service. The applicant received effective symptomatic treatment for his
tremor post-service.
The BCMR Medical Consultant states the Military Service disability systems,
operating under Title 10, and the Department of Veterans Affairs (DVA)
disability system, operating under Title 38, are complementary systems not
intended to be duplicative. The Military Disability Evaluation System, can
only offer compensation for those diseases or injuries which specifically
rendered a member unfit for continued active service, were the cause for
termination of their career, and then only for the degree of impairment
present at the time of separation and not based on future possibilities.
The mere presence of a medical condition does not quality a member for
disability evaluation. For an individual to be considered unfit for
military service there must be a medical condition that prevents
performance of any work commensurate with rank and experience or precludes
assignment to military duties. In this instance, the applicant’s
conditions did not interfere with performance of duties and did not warrant
evaluation in the disability evaluation system. Further, personality
disorders are not disease, but are enduring patterns of maladjustment in
the individual’s personality structure which are not medically
disqualifying or unfitting but may render the individual unsuitable for
further military service and may be a cause for administrative action by
the individual’s unit commander. In the applicant’s case, his condition
did not interfere with performance of duties while he was on active duty
and did not warrant administrative discharge.
The BCMR Medical Consultant’s evaluation, with attachments, is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 28 January 2005, copy of the Air Force evaluation was forwarded to the
applicant for review and comment within 30 days. As of this date, this
office has received no response (Exhibit D).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After a thorough review of the
evidence of record and applicant’s submission, we are not persuaded that
his honorable discharge should be changed to a medical retirement. At the
time of his discharge, no physical or psychiatric diagnoses that might have
led to a medical discharge were noted. The applicant completed a
contractual period of enlistment and was separated honorably. Therefore,
he was appropriately allowed to separate on expiration of his service
commitment without being considered in the medical discharge evaluation
system. In support of his claim, the applicant provided a medical
assessment and rating he received from a neurology clinic, and
documentation showing he is currently applying to the DVA for compensation.
The applicant’s contention that he should have been medically discharged
is noted; however, in our opinion, the detailed comments provided by the
AFBCMR Medical Consultant adequately address these allegations. Therefore,
we are in complete agreement with the comments and recommendation of the
AFBCMR Medical Consultant and adopt his rationale as the basis for our
decision that the applicant has not been the victim of either an error or
injustice. The applicant has not provided persuasive evidence sustaining
his burden that he suffered either an error or an injustice; therefore, we
find no compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 9 March 2005 under the provisions of AFI 37-2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Ann-Cecile M. McDermott, Panel Member
Mr. Wallace F. Beard Jr., Panel Member
The following documentary evidence relating to AFBCMR Docket Number BC-2004-
01235 was considered:
Exhibit A. DD Form 149, dated 12 April 2004, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFBCMR Med Consultant, dated 21 Jan 05.
Exhibit D. Letter, SAF/MRBR , dated 28 Jan 05.
KATHLEEN F. GRAHAM
Panel Chair
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