RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00433
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her uncharacterized character of service be changed to a
medical discharge.
2. She receive an examination for the purpose of finding her
degree of disability, for which she may be eligible to receive
benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
It is very clear in her records that she had a problem before
being sent to Germany and she was separated because she was
getting close to the 180 days needed to obtain benefits. She
believes her condition was found early in her service and it was
not dealt with in a proper manner.
In support of her request, the applicant provides a personal
statement and documents extracted from her military personnel
records.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 4 February
2003. She served as a Supply Management Apprentice.
On 24 June 2003, the applicant was notified by her commander of
his intent to recommend that she be discharged from the Air Force
under the provisions of AFPD 36-32 and AFI 36-3208, paragraph
5.11.9. The specific reason is a staff psychiatrist, Life Skills
Support Center, diagnosed the applicant as having an Adjustment
Disorder with Mixed Depression and Anxious Mood, Generalized
Anxiety disorder which existed prior to entry, and Post Traumatic
Stress Disorder which existed prior to entry. These disorders
significantly impaired her ability to function in a military
environment. The development of suicidal ideation as a way of
coping with the stress of life in the military led to the
applicant being unable to perform her duties.
She was advised of her rights in this matter and acknowledged
receipt of the notification. After consulting with counsel, the
applicant elected not to submit statements on her own behalf.
In a legal review of the case file, the staff judge advocate
found the case legally sufficient and recommended discharge.
On 5 July 2003, the discharge authority concurred with the
recommendations and directed an entry-level separation.
The applicant was discharged on 18 July 2003. She served
5 months and 15 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial. The AFBCMR
Medical Consultant states the onset of shin splints during Basic
Military Training (BMT) is a common ailment, it generally does
not constitute a permanent impairment unless there is evidence of
stress fractures; as would be diagnosed by bone scan. When
stress fractures are diagnosed during military service, the
individual may be eligible for a Medical Evaluation Board (MEB)
and further processing through the Disability Evaluation System
(DES). The applicant has provided no evidence that she incurred
stress fractures. Individuals who incur so-called shin splints
and are unable to complete BMT, are more often than not released
from military service (entry-level separation) and allowed an
opportunity to later re-enter the service after resolution of
symptoms for a sufficient period. The AFBCMR Medical Consultant
notes the reason for the applicants separation was related to a
mental impairment and while PTSD and Generalized Anxiety Disorder
(GAD) could qualify for processing through the DES, the fact that
both were determined existed prior to entry (EPTE), more likely
than not would result in a finding of unfit, but a separation
without disability compensation, under Chapter 61, Title 10,
United States Code, for a condition determined to have existed
prior to service.
Although listed in the Veterans Administration Schedule for
Rating Disabilities as a ratable and compensable disorder, an
Adjustment Disorder is not considered a compensable disorder by
the Department of Defense, and thus, if interfering sufficiently
with military service, may be the cause for involuntary
administrative separation.
Provisions for entry-level separations were established for
members who are unable to complete the initial requirements of
military service, whether due to a mental or physical impairment,
conduct, or unsatisfactory performance of duty, when processed
within the first 180 days of service.
The AFBCMR Medical Consultants complete evaluation, with
attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 December 2009, a copy of the AFBCMR Medical Consultants
evaluation was forwarded to the applicant for review and comment
within 30 days (Exhibit D). As of this date, this office has
received no response.
_________________________________________________________________
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 the applicants
submission, we believe that relief is not warranted and the
applicant has not provided any evidence which would lead us to
believe otherwise. Her contentions are duly noted; however, the
detailed comments provided by the AFBCMR Medical Consultant
adequately address these allegations. Therefore, we agree with
the opinion and recommendation of the AFBCMR Medical Consultant
and adopt his rationale as the basis for our conclusion that the
applicant has failed to sustain her burden of proof that she has
suffered either an error or an injustice. In the absence of
evidence to the contrary, we find no 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-2009-00433 in Executive Session on 28 January 2010,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number 2009-00433 was considered:
Exhibit A. DD Form 149, dated 31 January 2009, w/atchs.
Exhibit B. Applicant's Master Personnel Record.
Exhibit C. Letter, AFBCMR Medical Consultant, dated
10 December 2009, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 15 December 2009.
Panel Chair
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