RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01020
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She meet a medical evaluation board (MEB) to rate her back
injuries and for Post-Traumatic Stress Disorder (PTSD).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was diagnosed with PTSD prior to leaving the military in 2006
and was never provided the opportunity to meet an MEB. The Life
Skills provider stated an MEB was unnecessary because she was
separating. The Department of Veterans Affairs (DVA) used the
PTSD diagnosis to rate her.
In support of her request, the applicant provides extract copies
from her medical records and her DD Form 214, Certificate of
Release or Discharge from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 12 April 1994
and was progressively promoted to the grade of staff sergeant,
having assumed that grade effective and with a date of rank of
28 September 2001. She was honorably discharged for completion of
required active service on 28 January 2006 after serving
11 years, 9 months and 17 days.
On 6 June 2005, the applicant was diagnosed with anxiety
disorder. She has no profile restrictions to reflect that she
was restricted in the performance of her military duties because
of a psychiatric disorder.
On 9 July 2009, the DVA awarded the applicant a 30 percent
disability rating for PTSD, a 10 percent rating for arthritis
thoraculumbar spine and a 10 percent rating for migraine
headaches.
The remaining relevant facts pertaining to this application is
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical
Consultant states the applicant has not met the burden of proof,
with the evidence supplied, of an error or injustice that
warrants a change to her record. There is insufficient evidence
to show the applicants PTSD rendered her unfit at the time of
separation. The mere existence of a particular medical diagnosis
does not automatically render a service member unfit for military
service. The applicant had initiated treatment in June 2005 and
achieved an improvement in her overall functioning, and was
worldwide qualified throughout the period of treatment.
The Department of Defense Instruction 1332.38, Physical
Disability Evaluation, states if the evidence establishes that
the service member adequately performed his or her duties until
the time the service member was referred for physical evaluation,
the member may be considered fit for duty. Regardless of the
presence of illness or injury, inadequate performance of duty, by
itself, shall not be considered as evidence of unfitness due to
physical disability unless is is established that there is a
cause and effect relationship between the two factors.
The BCMR Medical Consultants complete evaluation is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states she should have received an MEB prior to
leaving the service in 2006. After returning from Iraq in
April 2005, she was diagnosed with PTSD. The Improvised
Explosive Devices (IEDs), deaths along with other events while in
Iraq took its toll on her. After five years, she is still dealing
with insommia, nightmares, medication, anxiety attacks, smoking
and continuous drinking. She has even at times thought about
taking her life.
The applicant also states she is offended by the recommendation
of the Medical Consultant. It is sad the very people who fought
and are still fighting for this country are being turned down for
assistance after service to their country.
The applicants 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
available evidence of record does not support a finding that her
medical conditions warrant a change in her record. While the
applicant takes offense with the recommendation of the Medical
Consultant and argues that she should have met an MEB prior to
her separation, the fact of the matter is, the mere presence of a
medical condition does not qualify a member for disability
evaluation. For an individual to be considered unfit for military
service there must be a medical condition so severe that it
prevents performance of duties commensurate with rank and
experience. Therefore, we do not find her assertions and
documentation provided, in and by themselves, sufficiently
persuasive to override the rationale provided by the BCMR Medical
Consultant. Accordingly, we agree with the opinion and
recommendation of the BCMR Medical Consultant and adopt the
rationale expressed, as the basis for our conclusion the
applicant has not been the victim of an error or 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 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 AFBCMR Docket
Number BC-2010-01020 in Executive Session on 5 January 2011,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 23 Sep 10.
Exhibit D. Letter, SAF/MRBR, dated 29 Sep 10.
Exhibit E. Letter, Applicant, dated 6 Nov 10, w/atchs.
Panel Chair
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