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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