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AF | BCMR | CY2007 | BC-2006-01356
Original file (BC-2006-01356.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01356
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  6 DEC 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His disability discharge be changed to a disability retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes his separation status and lack of compensation are due to  gross
negligence  and/or  incompetence  on  the  part  of  his  local   separating
authority.  He  was  ill-advised  and  misled  concerning  his  options  and
decisions at  the  time  of  his  separation.   He  received  a  compensable
disability rating of 50% for depressive disorder – PTSD.   At  the  time  of
his separation his reasoning was  not  effective  and  he  had  no  reliable
counsel to advise him on his rights or options.  He was  not  informed  that
due to his time in  service  and  nature  of  his  disability  that  he  was
eligible for a  medical  retirement  rather  than  separation.   He  further
states he has no income and relies on the county for food and shelter.

In support of his request, the applicant provided a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty in  the  Regular  Air  Force  on  25 September
1984.

A Medical Evaluation Board (MEB) convened on 31 January  2001  and  referred
his case to an Informal Physical Evaluation Board (IPEB)  with  a  diagnosis
of alcohol  induced  mood  disorder,  alcohol  induced  psychotic  disorder,
alcohol dependence and anxiety disorder.  On  22  February  2001,  the  IPEB
found him  unfit  for  further  military  service  based  on  diagnoses  of:
anxiety disorder associated with  PTSD,  alcohol  related  mood  disorder  –
depression and mild social  and  industrial  adaptability  impairment.   The
IPEB recommended that he be discharged with a  combined  compensable  rating
of 10%.  The applicant agreed with the findings and recommended  disposition
of the IPEB.  The Office of the Secretary of the Air Force directed that  he
be discharged with severance pay effective 20  April  2001.   He  served  16
years, 6 months, and 26 days on active duty.

Available Department of Veterans Affairs (VA)  records  reflect  a  combined
compensable rating of 50% for depressive disorder effective 21 April 2001.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states at the time of initial alcohol abuse diagnosis in  1997,  there  were
no other behavioral problems  or  symptoms  suggesting  PTSD  noted  in  the
medical records.  The pattern of alcohol dependence emerging in mid 30’s  of
age is commonly observed in the  absence  of  complicating  mental  illness.
Following relapse of alcohol abuse and  permanent  flying  disqualification,
the applicant reported PTSD type symptoms related to the  loss  of  comrades
in an aircraft accident six years before  (PTSD  typically  has  on  set  in
temporal relationship with the stressor).   The  applicant’s  problems  were
further complicated by  personality  disorder/traits  (also  nonratable  and
noncompensable  conditions)  that  contributed  to  a   lack   of   insight,
impulsiveness, and a poor coping style that contributed to relapses  of  his
alcohol problem.  When free of the effects of alcohol, the severity  of  his
anxiety/PTSD  symptoms  was  considered  mild  and  manageable   potentially
enabling continued service.  Unfortunately, recurring alcohol abuse  despite
repeated intensive rehabilitative efforts rendered  the  applicant  unsuited
for continued service and subject  to  administrative  discharge.   The  PEB
considered     the     intertwined     nature     of     the     applicant’s
anxiety/PTSD/depressive  symptoms  and  alcohol  abuse  based  on  extensive
psychiatric documentation  and  found  the  applicant  unfit  for  continued
service and concluded his psychiatric  conditions  in  the  absence  of  the
toxic  effects  of  alcohol  warranted  a  10%  rating  and  discharge  with
severance pay.  The preponderance of evidence  of  the  records  supports  a
conclusion  that  action  and  disposition  in  this  case  are  proper  and
equitable reflecting compliance with Air  Force  directives  that  implement
the law.



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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states his medical  condition  has
worsened and it has robbed him of his quality of life.   Most  of  his  time
and energy is spent taking care of his mental health and  as  a  consequence
he has not been able to attend  school  or  maintain  productive  work.   He
respectfully  requests  the  Board  approve  a  medical  retirement  for   a
faithful, service-disabled, combat veteran.

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.  The applicant’s  contentions  are  duly
noted; however, after reviewing the evidence of record  we  agree  with  the
opinion 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.  It appears the  Disability  Evaluation
System properly evaluated and rated the applicant and he  has  not  provided
any evidence which would lead us to believe otherwise.   Therefore,  in  the
absence of evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2006-
01356 in Executive Session on 12 July 2007, under the provisions of AFI  36-
2603:

                 Mr. James A. Wolffe, Acting Panel Chair
                 Ms. Donna D. Jonkoff, Member
                 Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 Apr 06, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 22 May 07.
   Exhibit D.  Letter, SAF/MRBR, dated 23 May 07.
   Exhibit E.  Letter, Applicant, undated, w/atchs.





                       JAMES A. WOLFFE
                       Acting Panel Chair

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