RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00542
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be changed to reflect he was medically retired due to Post-
Traumatic Stress Disorder (PTSD).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had two incidents he endured while on active duty, serving in
Security Forces within a combat theater.
The mention of his mental state to his leadership would have
resulted in him having fear of reprisal from them and his
colleagues.
In support of his request, the applicant provides a personal
statement, copies of his DD Form 214, and documents pertaining to
his Department of Veterans Affairs (DVA) claim.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 Apr 99, the applicant entered active duty in the Air Force.
On 20 Apr 05, he was honorably released from active duty by
reason of completion of required active service.
Additional relevant facts pertaining to this application are
contained in the letter prepared by the BCMR Medical Consultant
at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical
Consultant states the Military Disability Evaluation System was
established to maintain a fit and vital fighting force, and by
law under Title 10, United States Code (USC) can only offer
compensation for and when one or more service incurred diseases
or injuries specifically renders a member unfit for continued
active service and were the cause for career termination; and
then only for the degree of impairment present at the time of
separation and not based on future changes. In order for an
individual to be considered unfit for continued military service,
there must be a medical condition that prevents performance of
any work commensurate with office, rank, and rating rank or
precludes worldwide qualification. Despite the applicants self-
reported experiences and symptoms, the fact remains he had
apparently shown no diminution in his capabilities to carry out
the mission of his organization. The applicants performance
reports are not supplied to validate this presumptive statement.
On the other hand, operating under a different set of laws (Title
38, USC) with a different purpose, the DVA is authorized to offer
compensation for any medical condition determined service-
incurred or aggravated, without regard to its proven or
demonstrated impact upon a service members retainability,
fitness to serve, or narrative reason for release from military
service. This is the reason why an individual can be found fit
to complete a term of service and yet sometime thereafter receive
a compensation rating from the DVA for service-connected, but
militarily non-unfitting conditions. The DVA is also empowered
to conduct periodic reevaluations for the purpose of adjusting
(increasing or decreasing) the disability rating award as the
level of impairment from a given medical condition may vary
(worsen or improve) over the lifetime of the veteran.
In the case under review, the applicant has neither shown an
inability to perform his military duties nor is there evidence
that PTSD should have been the cause of termination of his Air
Force career. The Medical Consultant thanks the applicant for
his service and his bravery under difficult circumstances, but
finds he 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
B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 Oct 11, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 15 days. To date, a
response has not been received (Exhibit C).
_________________________________________________________________
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 change in his
military record. As indicated by the BCMR Medical Consultant,
the applicant has neither shown an inability to perform his
military duties nor is there evidence that PTSD should have been
the cause of termination of his Air Force career. Therefore, 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. In the absence of evidence to the contrary, we
find no basis to recommend 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 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-2011-00542 in Executive Session on 15 Nov 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jan 11, w/atchs.
Exhibit B. Letter, BCMR Medical Consultant, dated 7 Oct 11.
Exhibit C. Letter, SAF/MRBR, dated 21 Oct 11.
Panel Chair
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