RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00488
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His honorable discharge be changed to a medical disability
retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was diagnosed with Post-Traumatic Stress disorder (PTSD) many
years before ending his enlistment on 18 June 2007. Since PTSD
is an unfitting condition, he feels he should have been processed
through the Medical Evaluation Board (MEB) and then a Physical
Evaluation Board (PEB) for medical retirement, prior to the end
of his enlistment.
In support of his appeal, the applicant provides copies of
Department of Veteran Affairs (DVA) Rating Decisions, dated
29 February 2008 and 1 July 2010. In support of the applicants
rebuttal, the applicant provides a DVA Rating Decision, dated
20 September 2011.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The available record shows the applicant entered active duty in
the Regular Air Force On 19 June 2001, and was honorably
discharged on 18 June 2007, by reason of completion of active
duty service commitment. He served six years on active duty.
The remaining relevant facts, extracted from the applicants
military service records, are contained in the BCMR Medical
Consultants evaluation at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The BCMR Medical
Consultant states the applicant is correct in his assertion that
he was diagnosed with PTSD well before the end of his enlistment
on 18 June 2007. In fact, his service treatment records show
that PTSD was considered a primary diagnosis, along with Partner
Relations Problems, as early as January 2006. However, he has
made an incorrect assertion that since PTSD is an unfitting
condition, he feels he should have been processed through an MEB
and subsequent PEB for a medical retirement. While some
illnesses and injuries, by virtue of their nature, may trigger an
MEB, this is not automatically the case for PTSD.
The BCMR Medical Consultant indicates that the Military
Disability Evaluation System (DES), established to maintain a fit
and vital fighting force, can by law only offer compensation for
and when one or more service incurred diseases or injuries
specifically renders a member unfit for continued active service
by a PEB; or were the cause for career termination. Thus, the
mere presence of a given medical condition does not automatically
qualify a member for disability evaluation and a medical
separation or retirement. For an individual to be considered
unfit for continued military service there must be a medical
condition that prevents or interferes with the performance of
duties commensurate with office, grade, rank, or rating;
notwithstanding the impact upon the individuals deployability.
Unlike the Military Department, the DVA, operating under a
different set of laws with a different purpose, is authorized to
offer compensation for any medical condition determined service
incurred, without regard to its previous impact upon a service
members retainability, fitness to serve, or the narrative reason
for release from military service. This is the reason a veteran
may receive compensation for a condition that was not militarily
unfitting during service, but was assigned compensation by the
DVA after discharge or in preparation for timely benefits upon
transitioning from military service. The DVA is also empowered
to conduct periodic reevlauatations for the purpose of adjusting
the disability rating (increase or decrease) as the level of
impairment for a given medical condition may vary (worsen or
improve) over the lifetime of the veterans.
It is the BCMR Medical Consultants opinion that the applicant
has not met the burden of proof of an error or injustice that
warrants the desired change of the record.
The complete BCMR Medical Consultants evaluation is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He believes he would have been processed through the Disability
Evaluation System (DES) if he had stayed in the Air Force because
he received a letter on 20 June 2007 claiming he was to go before
an MEB; however, he was already discharged effective 18 June
2007. He received the letter as he was moving and it was lost in
the transition, but he knows he received one. While his PTSD was
a problem, he believes his other medical conditions kept him from
making the military a career.
The applicants complete rebuttal, with attachments, is at
Exhibit D.
_________________________________________________________________
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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case and do not find that it supports a determination that he
was improperly discharged. We note the applicants contention
that he should have received a medical discharge; however, as
indicated by the BCMR Medical Consultant, there is no evidence in
the available military medical records to show he was ever
considered for, or diagnosed with, a condition while on active
duty that would qualify for referral under the Military
Disability Evaluation System. In view of the above and absent
persuasive evidence the applicant was denied rights to which
entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we agree with the opinion
and recommendation of the BCMR Medical Consultant and adopt his
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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-2011-00488 in Executive Session on 29 November 2011,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2011-00488:
Exhibit A. DD Form 149, dated 28 Jan 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 7 Oct 11.
Exhibit D. Letter, SAF/MRBR, dated 21 Oct 11.
Exhibit E. Letter, Applicant, dated 26 Oct 11, w/atchs.
Panel Chair
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