RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-
03049
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 08 APRIL 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her separation code be changed to reflect she was discharged for
medical disability.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She was discharged for medical disability as stated in the
narrative reason for separation on her DD Form 214, Certificate of
Release or Discharge from Active Duty. Her separation code has
created a large complication in her receiving any entitlements.
In support of her request, applicant provided copies of her DD Form
214 and AF Form 100, Request and Authorization for Separation.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 8 May 02, for a
period of six years in the grade of airman basic.
During 2004, the applicant developed symptoms of and was diagnosed
with mild asthma leading to initiation of a Medical Evaluation
Board in the spring of 2005. In January 2005, applicant presented
to the Life Skills Support Center with depressed mood leading to
diagnosis of Major Depressive Disorder, single episode with
associated Personality Disorder Not Otherwise Specified with
Cluster B traits. Following a period of treatment and observation,
mental health evaluators concluded that her persisting symptoms
interfering with military duties were due to her Personality
Disorder and recommended administrative discharge. A mental health
memorandum dated 15 Mar 05, recommending administrative separation
concluded that applicant did not have a mental condition that
warranted disposition through the disability evaluation system.
The processing of the Medical Evaluation Board for asthma was
stopped at the military treatment facility level based on the
pending administrative discharge action.
On 8 Apr 05, applicant was notified by her squadron commander that
he was recommending she be discharged from the Air Force for a
mental disorder, specifically, a personality disorder. He
recommended an honorable discharge based on the Mental Health
Evaluation dated 15 Mar 05. It was determined that her ability to
function in a military environment was significantly impaired and
that she was unsuitable for continued military service.
On 11 Apr 05, applicant acknowledged receipt of the discharge
notification and waived her rights to consult with legal counsel
and submit statements in her own behalf.
The Wing Staff Judge Advocate found the case file legally
sufficient and recommended the applicant be separated with an
honorable discharge without probation and rehabilitation. On
21 Apr 05, the discharge authority approved the discharge.
On 26 Apr 05, applicant was honorably discharged under the
provisions of AFI 36-3208, for unsuitability, by reason of
personality disorder. She served on active duty for a period of 2
years, 11 months, and 18 days.
___________________________________________________________________
AIR FORCE EVALUATIONS:
HQ AFPC/DPPRS recommends the application be denied and states, in
part, based on the documentation on file in the master personnel
records, the discharge was consistent with the procedural and
substantive requirements of the discharge regulation. The
discharge was within the discretion of the discharge authority.
Additionally, the applicant did not submit any evidence or identify
any errors or injustices that occurred in the discharge processing
and provided no facts warranting a change to her separation code.
A complete copy of AFPC/DPPRS evaluation is at Exhibit C.
The BCMR Medical Consultant is of the opinion that a change of the
records to show disability discharge with severance pay is
supported by the evidence of the record.
Had the applicant been processed through the Disability Evaluation
System, she would have been discharged with severance pay. Because
of the prohibition in law against receipt of both DVA and DoD
disability pay, changing records to show disability discharge with
severance pay will not result in any additional disability
compensation for the applicant. However, it is noted that
administrative discharges for unsuitability will result in
recoupment of the unearned portion of an enlistment bonus while a
disability discharge will not.
Based on evidence of the record including results of pulmonary
function testing, it is likely that the applicant would have been
found unfit with a disability rating of 10 percent had the MEB been
conducted and the case referred to the Physical Evaluation Board.
Air Force mental health providers considered whether her mental
condition warranted referral for evaluation in the disability
evaluation system and concluded that it did not. While a diagnosis
of Major Depressive Disorder may be a reason for Medical Evaluation
Board, Personality Disorder is not, and warrants administrative
separation for unsuitability. Air Force mental health providers
concluded it was the Personality Disorder that prevented continued
military duty rather that the depressive disorder.
Had the applicant’s mental conditions been considered in the
disability evaluation system, the predominant contribution of
Personality Disorder to her impairment would have resulted in a
rating for depression of no greater than 10 percent. Based on the
mental health providers’ original conclusion to recommend
administrative discharge, it is possible that the PEB may have
found her unfit only due to asthma. It is also possible that the
PEB, noting the mild nature of the conditions would have returned
the applicant to duty and the administrative discharge for
unsuitability would have then proceeded.
The BCMR Medical Consultant’s evaluation is at Exhibit E.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 4 Nov 05, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
response has not been received. (Exhibit D)
On 14 Dec 06, a copy of the BCMR Medical Consultant’s evaluation
was forwarded to the applicant for review/comment. To date, a
response has not been received. (Exhibit F)
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice. The evidence of record
reflects the applicant was involuntarily discharged for
unsuitability, by reason of personality disorder. The applicant
contends that she should have been discharged for a medical
disability and that the code she was given has created
complications in her receiving any entitlements. After thoroughly
reviewing the case, we agree with the opinion and recommendation of
the BCMR Medical Consultant, who indicates that, based on the
evidence of record including results of pulmonary function testing,
it is likely that the applicant would have been found unfit with a
disability rating of 10 percent had the MEB been conducted and the
case been referred to the Physical Evaluation Board. Therefore,
based on the BCMR Medical Consultant’s evaluation, we recommend the
applicant’s records be corrected to the extent indicated below.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:
a. On 26 Apr 05, she was found unfit to perform the duties of
her office, rank, grade or rating by reason of physical disability
incurred while entitled to receive basic pay; that the diagnosis in
her case was mild asthma, rated at 10 percent; that the disability
was permanent; that the disability was not due to intentional
misconduct or willful neglect; that the disability was not incurred
during a period of unauthorized absence; and that the disability
was not received in the line of duty as a direct result of armed
conflict.
b. On 26 Apr 05, she was honorably discharged by reason of a
physical disability with entitlement to disability severance pay,
rated at 10 percent, under the provisions of Title 10, United
States Code, Section 1203 and AFI 36-3212.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2005-03049 in Executive Session on 18 January 2007, under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Teri G. Spoutz, Member
Ms. Mary C. Puckett, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Sep 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 28 Oct 05.
Exhibit D. Letter, SAF/MRBR, dated 4 Nov 05.
Exhibit E. Memorandum, AFBCMR Medical Consultant,
dated 12 Dec 06.
Exhibit F. Letter, AFBCMR, dated 14 Dec 06.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR BC-2005-03049
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:
The pertinent military records of the Department of the Air
Force relating to [APPLICANT], be corrected to show that:
a. On 26 Apr 05, she was found unfit to perform the duties
of her office, rank, grade or rating by reason of physical
disability incurred while entitled to receive basic pay; that the
diagnosis in her case was mild asthma, rated at 10 percent; that
the disability was permanent; that the disability was not due to
intentional misconduct or willful neglect; that the disability was
not incurred during a period of unauthorized absence; and that the
disability was not received in the line of duty as a direct result
of armed conflict.
b. On 26 Apr 05, she was honorably discharged by
reason of a physical disability with entitlement to disability
severance pay, rated at 10 percent, under the provisions of Title
10, United States Code, Section 1203 and AFI 36-3212.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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