RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02370
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 31 November 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be changed to show promotion to staff sergeant and a medical
retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Had it not been for the supervisor’s sexual harassment and her refusal of
his sexual advances, she would have been promoted to E-5 as evidence of her
awards and ratings before and after this supervisor. Promotion would have
removed this man as her supervisor, but his actions prevented it.
Furthermore, had she been told of her diagnosis for depression and made
aware that the symptoms she was suffering from were from MS, she would have
received a medical retirement and compensation from the Air Force.
In support of her application, applicant submits a personal statement, a
copy of her DD Form 214, training certificates, copies of Enlisted
Performance Reports (EPR) and some medical documents.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on June 12, 1990 and was
progressively promoted to the grade of senior airman. On June 3, 1996
applicant was discharged under provisions of voluntary release (early-out
option during force draw down), with an honorable discharge. She served 5
years, 11 months and 22 days of total active military service.
The applicant was deployed to Saudi Arabia in 1992. Shortly after her
return to her home base, Homestead AFB, FL, she was displaced by hurricane
Andrew. She was reassigned to Lackland AFB, TX where she reportedly
experienced problems with her unit.
In October 1992 she took an overdose of Sominex pills (11-16) and was
hospitalized on the psychiatric unit. Evaluation identified several chronic
and acute stressors that precipitated her depressed mood and suicidal
gesture including a history of physical abuse as a child, rape by a friend
in 1991, recent break-up with boyfriends, recent displacement due to the
hurricane with loss of possessions, problems at work (allegations of sexual
harassment), and dissatisfaction with her career field and requirement for
performing details. Medical documents indicate she had experience chronic
symptoms of depressed mood and suicidal thoughts since age 12 and had
received extensive counseling on a recurring basis since age 17 thru 23
(not reported on enlistment medical screening). She received follow-up
counseling throughout 1993. A March 1994 mental health entry in the medical
records indicates she was seen for termination of therapy with diagnosis of
“incomplete bereavement resolving”. At a May 1994 periodic examination, the
applicant denied current problems of trouble sleeping, depression or
excessive worry or nervous trouble of any sort. The remainder of the
service medical records reflects routine gynecologic and eye exams, care
for rash, biopsy of a mole, and an episode of gastroenteritis. At the time
of discharge her mood was normal.
____________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant is of the opinion that no change in the records
is warranted. The applicant was diagnosed with Adjustment Disorder and
strong histrionic and borderline personality traits, unsuiting conditions
that may form the basis for an administrative discharge by a member’s
commander. Unsuiting conditions such as adjustment disorder or personality
traits are not ratable or compensable under the rules of the military
disability system. There would be no advantage to the applicant to show she
was administratively separated in October 1992 under the provisions for
unsuitability. Evidence of the record indicates continued satisfactory duty
performance, and a disability discharge for depression would have warranted
no greater than a 10 percent rating, resulting in disability severance pay,
also of no benefit to the applicant (disability pay offset). Her borderline
elevated blood pressure was not an unfitting condition and did not warrant
referral for evaluation in the Air Force disability evaluation system. In
2003, DVA reviewers concluded there was no evidence of multiple sclerosis
while in service, but granted service connection for the condition under
provisions of presumptive service connection for Gulf War veterans with a
compensable rating of 30 percent effective 2001. There was no evidence of
multiple sclerosis while in service and no manifestation of any symptom
that might have been considered unfitting even in retrospect. Action and
disposition in this case are proper and reflect compliance with Air Force
directives which implement the law.
BCMR Medical Consultant's complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant’s spouse writes that his wife’s medical records are
reconstructed from what could be found of the Homestead AFB and Lackland
AFB records. Hurricane Andrew destroyed her base’s medical and personnel
facilities, and most of her medical records were scattered, damaged or
lost. Collectively, her medical conditions –constant diarrhea, rashes, high
blood pressure, numbness and tingling in both hands, excessive viral
infections, changes in weight, depression, personality changes and mental
health issues, are all early signs of Multiple Sclerosis. The VA noted
these symptoms from her medical records they collected and determined the
onset started in 1992.
Medical and financial issues aside, the heart of his wife’s request is
about correcting an injustice. She had a gung ho attitude about her job in
the Air Force, and always expresses a positive attitude despite the
negative issues surrounding her. Despite immense pressure from being
severely sexually harassed, she kept her head held high, and continued to
achieve and apply herself. If you decide that a retirement is not warranted
or possible, I would hope that you would consider giving her that symbol in
some way, through promotion or by some other means you see fit. It would
restore to her that faith that was lost so long ago and return the
rightness to her life that would help her move on with the rest of her
life.
Applicant’s complete response, with attachments, is at Exhibit E.
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 warranting a medical discharge or
promotion to staff sergeant. Applicant’s contentions are duly noted;
however, we agree with the opinions and recommendation of the BCMR Medical
Consultant and adopt his rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. The applicant
was diagnosed with Adjustment Disorder and strong histrionic and borderline
personality traits which are unsuiting conditions for continued military
service. Furthermore, there was no evidence of multiple sclerosis while in
service and no manifestation of any symptom that might have been considered
unfitting. With respect to her promotion to staff sergeant, the Board found
no evidence to substantiate her claims of sexual harassment by her
supervisor or that her commander ever recommended her for promotion.
Therefore, in the absence of 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 a 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-BC-2005-
02370 in Executive Session on 25 October 2006, under the provisions of AFI
36-2603:
Ms. Kathleen F. Graham, Chair
Mr. Gregory A. Parker, Member
Mr. Gary G. Sauner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Jul 2005, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 30 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 1 Sep 06.
Exhibit E. Letter, Applicant’s Response, dated 20 Sep 06.
KATHLEEN F. GRAHAM
Panel Chair
AIR FORCE BOARD FOR CORRECTION
OF MILITARY RECORDS
CASE TRANSMITTAL / COORDINATION RECORD
IN THE MATTER OF: DOCKET NO:
BC-2005-02370
ROUTE IN TURN INITIALS DATE
1. CHIEF EXAMINER ________ ________
(Coord/Signature)
2. EXECUTIVE DIRECTOR ________ ________
(Coordination)
3. Mr. Kathleen F. Graham
CHAIR
(Signature on Proceedings) ________ ________
4. AFBCMR (Processing)
Ralph Prete
Chief Examiner
Air Force Board for Correction
of Military Records
AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD 20762-7002
Reference your application submitted under the provisions of AFI 36-
2603 (Section 1552, 10 USC), AFBCMR BC-2005-02370
After careful consideration of your application and military
records, the Board determined that the evidence you presented did not
demonstrate the existence of material error or injustice. Accordingly,
the Board denied your application.
You have the right to submit newly discovered relevant evidence for
consideration by the Board. In the absence of such additional evidence,
a further review of your application is not possible.
BY DIRECTION OF THE PANEL CHAIR
RALPH J. PRETE
Chief Examiner
Air Force Board for Correction
of Military Records
Attachment:
Record of Board Proceedings
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