RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01199
COUNSEL:
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be medically retired.
2. His narrative reason for separation of personality disorder
be changed.
________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been medically retired for his disabilities,
which occurred during active duty service. He suffers daily
with Fibromyalgia, Migraines, Depression, Shingles, and Anxiety,
all of which occurred while he was serving in the military.
His medical problems were not properly treated and it was not
until he was treated by multiple civilian medical providers that
he received the care he needed.
When he served as a recruiter his problems became too much for
him to handle, so he was placed in a medical/mental facility for
three months. At that time, he was abruptly discharged without
regard to his medical situation. He did not receive an exit
physical and believes he fell through the cracks of the Military
Disability Evaluation System (MDES) process.
In support of his appeal, the applicant provides a personal
statement; copies of medical documents; his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in
conjunction with 22 Dec 05 discharge; letters of support from
family and friends, and other supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant reenlisted in the Regular Air Force, on 29 Mar 05,
in the grade of staff sergeant.
On 13 Dec 05, the squadron commander notified the applicant of
administrative discharge action for conditions that interfere
with military service: mental disorders personality disorder.
The specific reasons for the proposed action was that on or
about 7 Oct 05, the applicant was diagnosed with an adjustment
disorder with depressed mood and a personality disorder which
significantly impaired his adaptability to function in the
military. On that same date, the applicant acknowledged receipt
of the discharge notification, and waived his right to consult
counsel and to submit statements in his own behalf. The
Assistant Staff Judge Advocate found the case file legally
sufficient to support separation and recommended an honorable
discharge, without probation and rehabilitation (P&R). The
discharge authority approved the honorable discharge, without
P&R.
The applicant was discharged, on 22 Dec 05, by reason of
personality disorder, with service characterized as honorable.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial, stating, in part, that based on
the documentation on file in the master personnel records, the
discharge to include the narrative reason for separation and
type of separation was consistent with the procedural and
substantive requirements of the discharge instruction and was
within the discretion of the discharge authority. DPSOS found
no evidence of an error or injustice in the processing of the
applicant's discharge.
The applicant's mental health examination indicated his
personality style was characterized by rigidity and an
inflexible moralistic approach which significantly interferes
with completion of his current duties. The applicant's
personality style was particularly problematic in his current
working environment but was not problematic in the environment
of his previous career field. The conflicts between the
applicant's personality and his environment resulted in the high
level of distress and symptoms of depression. The applicant's
personality disorder made it difficult for him to assimilate
into the military environment. The applicant's personality
disorder also made him unstable and unreliable for service with
resultant occupational disturbance. The applicant's Adjustment
Disorder with Depressed Mood was characterized by severe
depressive symptoms to include thoughts about suicide which
significantly interfered with functioning in completion of his
duties. The applicant's disorder was a function of the
interaction between his personality and the military
environment. The report also states the adjustment disorder
complicated by his personality disorder was sufficiently severe
that the applicant's ability to function in the Air Force
environment was significantly impaired and interfered with his
performance of duty. The applicant was considered at risk for
worsening symptoms in the context of further military service,
and it was recommended that he be administratively separated
from the Air Force.
The complete AFPC/DPSOS evaluation is at Exhibit C.
The BCMR Medical Consultant recommends denial. The MDES was
established to maintain a fit and vital fighting force, and by
law, under Title 10, United States Code (U.S.C.), only offer
compensation for those service incurred diseases or injuries
which specifically rendered 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. Although the applicant's
service records reflect that he received episodic evaluation and
treatment for a number of medical conditions during his military
service, e.g., olecranon bursitis, sore throat, headaches, flank
pain, right hand tingling, and gastroenteritis, which he
implicitly attributes to the exposures during military service
(Anthrax vaccine and hazardous materials), the Medical
Consultant opines the evidence is insufficient to reflect that
either of the aforementioned reported clinical diagnoses, either
individually or collectively, interfered with his ability to
perform military service to a degree that warranted processing
through the MDES for a medical separation or retirement.
Attention is directed to governing authority, under Cause and
Effect Relationship, which may further explain the likely reason
the applicant may not warrant a medical separation or
retirement, which reads, "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 it is established that there is a cause and
effect relationship between the two factors." The Medical
Consultant found no cause and effect relationship between the
applicant's collection of symptoms experienced during military
service, and which he retrospectively attributes to exposures
during military service, and a more appropriate medical reason
for career termination.
The Consultant acknowledges that the applicant is likely to
receive service connection and compensation by the Department of
Veterans Affairs (DVA) for conditions considered to have
occurred incident to or during his period of military service.
However, the applicant is advised that the DVA, operating under
a different set of laws with a different purpose (Title 38,
U.S.C.), is authorized to offer compensation for any medical
condition determined service incurred or aggravated, without
regard to [and independent of] its proven or demonstrated impact
upon a member's retainability, fitness to serve, or narrative
reason for release from military service. The DVA is also
empowered to conduct periodic re-evaluations for the purpose of
adjusting the disability rating (increase or decrease) as the
level of impairment from a given medical condition may vary
(worsen or improve) over the veteran's lifetime.
With respect to the narrative reason for the applicant's
discharge, the Medical Consultant has no evidence, e.g.,
psychiatric evaluations or objective personality assessments, to
refute this diagnosis of Personality Disorder as inaccurate or
inappropriate; notwithstanding the compelling evidence that the
applicant likely displayed no such findings impacting duty
during his preceding service (1999-2004) in the fuels career
field, as reflected in his EPRs. The Consultant also does not
have the medical documentation of the applicant's reported
mental health care x 3 months, nor any of the accompanying
clinical behavioral history that resulted in his administrative
separation upon which to offer any useful comment. Therefore,
the Consultant opines 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 Consultant evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the Air Force evaluation were forwarded to the
applicant on 28 Oct 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit E).
________________________________________________________________
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; however, we agree with the opinions and recommendation
of the Air Force office of primary responsibility and the BCMR
Medical Consultant, and adopt their 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 basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2011-01199 in Executive Session on 5 January 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Mar 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 11 Jul 11.
Exhibit D. Letter, BCMR Medical Consultant,
dated 20 Oct 11.
Exhibit E. Letter, SAF/MRBR, dated 28 Oct 11.
Chair
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