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AF | BCMR | CY2006 | BC-2005-00300
Original file (BC-2005-00300.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00300
            INDEX CODE:  108.01
      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  28 JULY 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Narrative Reason for Separation be  changed  from  "Disability,  Existed
Prior to Service" to "Disability Aggravated during Service".

_________________________________________________________________

APPLICANT CONTENDS THAT:

She did not become disabled until after  the  physical  assault  and  sexual
assault she experienced during her time in service.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted her initial enlistment in the Regular Air Force  on
5 July 2000.  She was progressively promoted to the grade  of  airman  first
class, having assumed that grade effective and with a  date  of  rank  of  8
April 2002.

On June 7, 2000 the  enlistment  medical  examination  reflects  a  negative
medical history. At a medical appointment on April 10,  2001  the  applicant
complained of symptoms of depression with nightly  crying  spells,  reported
that  she  was  sexually  assaulted  at  age   16   and   was   experiencing
nightmares/jerking. The provider diagnosed  depression  and  post  traumatic
stress  disorder  (PTSD),  prescribed  an  anti-depressant  medication   and
referred her to the mental health clinic where she was  diagnosed  with  PTS
disorder existing prior  to  service  stemming  from  service  traumas.  The
applicant received care in the mental health  clinic  from  April  2001  and
continuing  until  her  discharge  including  medications,  counseling,  and
cognitive behavior treatment. In addition to PTSD,  her  diagnoses  included
Hypoactive  Sexual  Desire  Disorder,  history  of   Dissociative   Identity
Disorder,  Avoidant  and  Borderline  personality  traits,  and  Personality
Disorder not otherwise specified. Although the  mental  health  records  are
not available for review (only limited entries in the main  service  medical
record), the Medical Evaluation Board (MEB)  narrative  summary  dated  June
28, 2002 provides the most complete psychiatric  summary  available  in  the
case file while  she  was  on  active  duty.  The  applicant  was  given  an
opportunity to review the MEB summary, and  she  requested  corrections  and
additions that are reflected in the narrative.  The  report  detailed  long-
standing symptoms of anxiety that started  in  grade  school,  sexual  abuse
(rape at 16 years of age, DVA records also refer to being sexually  molested
at age 4), physical abuse by her brother, emotional abuse by her  father,  a
suicide attempt by overdose with naproxen (Aleve) while in the  10th  grade,
and experiencing multiple personalities. Review of  her  enlistment  medical
examination dated June 7, 2000 indicates the  applicant  denied  current  or
past symptoms of depression or excessive worry, or nervous  trouble  of  any
sort.

Diagnoses listed on  the  MEB  narrative  summary  included:  Post-traumatic
Stress Disorder as manifested by  recurrent  flashbacks  of  past  rape  and
avoidance of activities that  remind  her  of  this  trauma  and  persistent
neurovegetative symptoms of  insomnia,  irritability,  and  hypervigilence."
The Medical Evaluation Board, October 17, 2002, referred  the  case  to  the
Physical Evaluation Board who on November 6, 2002 determined  the  applicant
was unfit for continued military service and concluded  that  her  condition
existed prior to service and  was  not  aggravated  by  service  beyond  the
natural  progression  of  the  condition.  The  recommended   administrative
discharge (under other  than  Chapter  61,  10  U.S.C.,  without  disability
compensation). The applicant initially non-concurred  and  requested  Formal
Physical Evaluation Board, but on January 8, 2003 waived her  right  to  the
formal  Board  after  meeting  with  legal  counsel  and  was   subsequently
discharged on February 24, 2003.

On 24 February 2002, the applicant was administratively separated under  the
provision of AFI 36-3212, Physical  Evaluation  for  Retention,  Retirement,
and Separation, with an honorable  discharge  and  a  narrative  reason  for
separation of disability, existed prior to service. She served a total of  2
years, 7 months and 24 of total active military service.

The applicant applied for Department of Veterans Affairs (DVA) benefits  and
at the time of her initial DVA  compensation  and  pension  examination  for
PTSD on March 21, 2003, the applicant reported that she had not  experienced
symptoms of PTSD  until  after  she  was  assaulted  by  husband.  She  also
reported a history of being sexually molested at age 4 in  addition  to  the
rape at age 16. The DVA granted service connection  (rating  decision  dated
April 7, 2003) because service medical records  showed  treatment  for  PTSD
while on active duty and "There was no indication in the  available  service
medical records of  treatment  or  diagnosis  for  PTSD  prior  to  military
service". Subsequent  DVA  records  (March  2004,  May  2004)  indicate  the
applicant reported being raped by her husband repeatedly over the course  of
a month while she was sedated with trazodone, being gang raped while in  the
military, and an extensive history of  sexual  and  physical  abuse  in  the
military some of which was reportedly caused by her ex-husband.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the  records
is warranted. The preponderance of evidence supports the  finding  that  the
condition existed prior to service. The significant, prolonged and  repeated
nature of the applicant is abuse history, the report  of  anxiety,  symptoms
consistent with Dissociative Identity  Disorder,  suicide  attempt  symptoms
gesture in the tenth grade, and progressive symptoms  beginning  just  prior
to and around the time of entry into service argue  unequivocally  that  her
condition existed prior to service. The applicant's history of  Dissociative
Identity Disorder (formally multiple personality  disorder)  is  significant
in that individuals with this disorder frequently report having  experienced
severe physical  and  sexual  childhood  abuse  and  individuals  with  this
disorder  may  manifest  post  traumatic   symptoms   including   nightmares
flashbacks and startle responses. These individuals may also fully  manifest
posttraumatic  stress  disorder  and  many  are  diagnosed  with   co-morbid
personality disorder. In the applicant, Dissociative  Identity  Disorder  is
consistent with her history of childhood abuse and evidence of her  evolving
related posttraumatic stress disorder. There is no evidence she  experienced
in-service  traumas  that  aggravated  her  condition  beyond  the   natural
progression of the condition. Had the Physical  Evaluation  Board  concluded
that service aggravated her condition, rating deductions for existing  prior
to service symptoms  and  for  non-compensable  personality  traits/disorder
would have resulted in disability discharge with severance pay. Due  to  the
prohibition in law against DVA and military  disability  pay  for  the  same
condition, any disability pay  received  from  the  DoD  would  be  deducted
dollar for dollar from subsequent DVA disability  compensation.  Action  and
disposition in this case are  proper  and  equitable  reflecting  compliance
with Air Force directives that implement the law.


BCMR Medical Consultant’s complete evaluation is at Exhibit C.

_________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  28
March 2006 for review and comment within 30 days.  As of  this  date,  there
has been no response received by this office.

_________________________________________________________________

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 an  error  or  injustice.   After  a  thorough  review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded  that
her records should be changed. Applicant’s contentions are  noted;  however,
we do not find  these  uncorroborated  assertions,  in  and  by  themselves,
sufficiently persuasive to override  the  rationale  provided  by  the  BCMR
Medical Consultant.  Applicant has provided no persuasive evidence that  her
medical condition was improperly rated and processed  at  the  time  of  her
discharge. Therefore, we agree with the BCMR  Medical  Consultant  that  the
applicant  was   discharged   for   a   disqualifying   medical   condition,
Dissociative Identity Disorder, that  existed  prior  to  service,  was  not
permanently  aggravated  by  service  and  no  change  in  her  records   is
warranted.  Therefore,  in  the  absence  of  persuasive  evidence  to   the
contrary, we find no compelling  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  Docket  Number  BC-2005-00300
in Executive Session on 4 May 2006, under the provisions of AFI 36-2603:





       Mr. Wayne R. Gracie, Panel Chair
       Mr. Alan A. Blomgren, Member
       Ms. BJ White-Olson, Member

The following documentary evidence was considered:

    Exhibit A. DD Form 149, dated 18 Jan 05, w/atchs.
    Exhibit B. Applicant's Master Personnel Records.
    Exhibit C. Letter, BCMR Medical Consultant, dated 27 Mar 06.
    Exhibit D. Letter, SAF/MRBR, dated 29 Mar 06.





                                   WAYNE R. GRACIE
                                   Panel Chair



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