RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00172
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 22 July 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
The diagnosis of Avoidant Personality Disorder be removed from his records.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
The diagnosis of his condition was incorrect.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force and entered active duty on
30 November 1995.
On 21 March 2002, he received punishment under Article 15 of the Uniform
Code of Military Justice (UCMJ) for dereliction of duty, i.e., failed to
follow procedures regarding the release of confidential patient information
in accordance with Medical Group Instruction 41-25, with punishment
consisting of a suspended reduction to the rank of senior airman,
forfeiture of $876.00 pay per months for two months and a reprimand. The
Article 15 was filed in his Unfavorable Information File (UIF).
The Enlisted Performance Report, closing 8 December 2003, was referred to
the applicant due to ratings of Unacceptable and Ineffective, in Section
III, items 4 and 5, respectively.
On 12 January 2004, the commander notified the applicant of his intent to
initiate administrative discharge action against him for conditions that
interfere with military service, specifically mental disorders. The
commander noted that before recommending his discharge, the applicant
received counseling from supervision and received treatment from the Life
Skills Support Center staff. The treating psychologist diagnosed his
condition as an Adjustment Disorder with Depressed Mood and Occupational
Problem and Avoidant Personality Disorder.
On 25 February 2004, he was honorably discharged under the provisions of
AFI 36-3208 (Personality Disorder) with a compensable disability rating of
10 percent. He completed 8 years, 2 months, and 25 days of active service.
On 18 August 2004, the Department of Veterans Affairs (DVA) awarded him a
combined compensable disability rating of 10 percent for a meniscus tear
right knee and 10 percent disability rating for flat feet. On 3 August
2005, the DVA denied him service connection for Avoidance Personality
Disorder.
_________________________________________________________________
AIR FORCE EVALUATIONS:
The BCMR Medical Consultant is of the opinion that no change in the records
is warranted. He states, in part, that it appears the applicant’s chain of
command correctly recognized his psychological problems to explain his
behavioral and occupational difficulties. It is conceivable that without
the Personality Disorder diagnosis, a discharge for misconduct would have
been considered. The Personality Disorder diagnosis may have allowed the
applicant to receive an honorable, rather than a general discharge. The
preponderance of the evidence shows the applicant did have a Personality
Disorder that was unsuiting for military service and his administrative
separation was appropriate. Although the applicant may feel that he does
not have a Personality Disorder, it would not be surprising that he might
appear normal when not exposed to the rigors of military service. The
Department of Veterans Affairs (DVA) evaluation considered his Personality
Disorder and concluded that he did not have a disabling condition at that
time. It did not state that he did not have a Personality Disorder when he
was on active duty.
The BCMR Medical Consultant evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:
A complete copy of the BCMR Medical Consultant’s evaluation was forwarded
to the applicant on 17 August 2007, for review and comments, within 30
days. However, as of this date, no response has been 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of the evidence
of record and applicant’s submission, we are not persuaded that the
applicant’s disability rating should be changed. We took notice of the
applicant's complete submission in judging the merits of the case; 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. Therefore, in
the absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will materially
add to our understanding of the issue(s) involved. Therefore, the
request for a hearing is not favorably considered.
_________________________________________________________________
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-2007-00172
in Executive Session on 18 September 2007, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Patrick C. Daugherty, Member
Mr. Joseph D. Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Jan 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memo, BCMR Medical Consultant, dated 14 Aug 07.
Exhibit D. Letter, SAF/MRBR, dated 17 Aug 07.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2007 | BC-2006-03406
_________________________________________________________________ AIR FORCE EVALUATIONS: The BCMR Medical Consultant is of the opinion that no change in the records is warranted, since a 10 percent rating was appropriate at the time of the applicant’s separation. Whereas, the Air Force rates a member's disability based on the degree of severity at the time of separation. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the...
AF | BCMR | CY2007 | BC-2006-00486
The AFPC/DPPD complete evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: Copies of the Air Force evaluations were forwarded to the applicant on 28 April 2006 for review and comment within 30 days. As noted by the BCMR Medical Consultant, the applicant’s records are absent any documentation that substantiates his psychological symptoms while in service were of a severity that resulted in diagnosis of PTSD...
AF | BCMR | CY2007 | BC-2006-01439
On 4 December 1959, the applicant’s commander notified him that he was recommending him for discharge from the Air Force (AF) under the provisions of Air Force Regulation (AFR) 39-16 for substandard conduct and character and behavior disorder. The evaluation officer conducted an interview with the applicant, reviewed the applicant’s records and comments by his commander, and recommended the applicant be discharged from the Air Force due to unsuitability with a general discharge. BCMR...
AF | BCMR | CY2008 | BC-2007-02827
The fact that a person may have a medical condition does not mean that the condition is unfitting for continued military service. In the medical Consultant’s view, the preponderance of evidence of the record shows that the applicant’s scoliosis condition existed prior to service, and that her back pain was the natural progression of the condition. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations...
AF | BCMR | CY2009 | BC-2008-03027
The remaining relevant facts pertaining to this application are contained in the evaluation prepared by the BCMR Medical Consultant, which is attached at Exhibit C. ___________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends the applicant’s name be placed on the Temporary Disability Retired List (TDRL), with a 50 percent disability rating, for anxiety disorder, under Veterans Administrative Schedule for Rating Disabilities...
AF | BCMR | CY2008 | BC-2007-03201
Both the Informal Physical Evaluation Board (IPEB) and Formal Physical Evaluation Board (FPEB) found the applicant unfit and recommended discharge with severance pay with a zero (0) percent disability rating. Additionally, the applicant’s inability to deploy and the requirement to utilize a CPAP machine were not measures for the severity of his medical condition under the Department of Defense (DoD) disability rating guidance for OSA at the time of the applicant’s discharge. Therefore,...
AF | BCMR | CY2010 | BC-2010-01811
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01811 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His disability discharge, with severance pay (DWSP) be changed to a medical retirement. Upon discharge, he immediately filed and was awarded a 50 percent combined rating from the Department of Veterans Affairs (DVA) for bipolar disorder, major...
AF | BCMR | CY2007 | BC-2006-00262
The emergency physician did not order an MRI or refer him for a Medical Evaluation Board (MEB). The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant is of the opinion that no change in the records is warranted. Whereas, the Air Force rates a member's disability based on the...
AF | BCMR | CY2008 | BC-2007-00552
Both Boards recommended permanent retirement with a disability rating of 40 percent. DPPD therefore recommends his record be corrected to show he was retired by reason of physical disability for fibromyalgia with a permanent disability rating of 60 percent. AFPC/DPPD’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Counsel for the applicant states while the BCMR Medical Consultant’s advisory...
AF | BCMR | CY2008 | BC-2007-01736
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01736 INDEX CODE: 110.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His records be changed to reflect that he was medically retired rather than discharged with disability severance pay. The Military Disability Evaluation System (MDES) by law only compensates those medical conditions that were...