RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02638
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her official records be corrected to reflect that she was
medically retired due to Post Traumatic Stress Disorder (PTSD).
________________________________________________________________
APPLICANT CONTENDS THAT:
She was unjustly allowed to leave active duty on 9 Oct 10 after
she had been diagnosed with PTSD. She should have been retained
on active duty until her medical case was processed through the
Air Force Disability Evaluation System (DES) and she was granted
retirement for medical disability. She presents as evidence,
her 8 Nov 07 Department of Veterans Affairs (DVA) determination
that her 50 percent disability rating for PTSD is service
connected.
During her deployment to Afghanistan in 2006, her traumatic
experiences included:
1. She was the victim of rape and met with a rape
counselor, but was not prepared to deal with the trauma
associated with officially reporting the incident.
2. She had to photograph the scene of an Improvised
Explosive Device (IED) attack in which someone she knew had been
killed, and while there she found a body part.
3. She befriended a Marine who was killed days later.
In support of her appeal, the applicant provides copies of her
DD Form 214, Certificate of Release or Discharge from Active
Duty, excerpts from her military and civilian medical records,
and her DVA Rating Decision.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force on 10 Jun 98 and served on
active duty until her Honorable Discharge on 9 Oct 06. She was
credited with eight years and four months of total active
service.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility (OPR) which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial of the
applicants request for medical retirement, indicating there is
no evidence of an error or injustice. Addressing the
applicants mental health-related contention, the supplied
Service treatment documentation reflects the applicant had
previously received care for an Adjustment Disorder during Jan
and Feb 02, and again in Oct 02, which had been reportedly
present since the Jun 01 birth of her child.
The Military Disability Evaluation System (DES), operating under
Title 10, United States Code (U.S.C), can only offer
compensation for and when a service-incurred illness, disease,
or injury rendered a member unfit for continued service and was
the cause for career termination; and then only for the degree
of impairment present at the snap shot at the time of release
from military service and not based on future changes or events.
The evidence does not clearly reflect the applicants diagnosis
interfered with her ability to perform her military duties to
the extent that warranted processing through the military DES
for medical separation and retirement. Indeed, although the
applicant was prescribed an anti-depressant prior to and after
her return from a deployment, she was deemed well-controlled,
was cleared for deployment, and was found Worldwide Qualified
after her return from Deployment.
The DVA on the other hand, operating under Title 38 U.S.C, is
authorized to offer compensation for any medical condition
determined service incurred or aggravated, without regard to its
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 for service
despite the presence of a medical condition and yet sometime
thereafter receive a compensable rating from the DVA for the
service-connected, but militarily non-unfitting condition.
Thus, the presence of a medical condition that was not unfitting
while in service, and was not the cause of separation or
retirement, that may later progress in severity causing
disability or was merely determined service connected by the
DVA, is not a basis to retroactively grant a military medical
retirement.
There is no evidence to show the applicants ability to perform
her military duties was adversely impacted by PTSD or Depression
to the extent that warranted conducting an MEB. Neither is
their evidence of inadequate duty performance caused by mental
disorder. The applicant has not convincingly met the burden of
proof of a material error or injustice.
The complete AFBCMR Medical Consultant evaluation is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 24 Jun 11, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office.
(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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the AFBCMR Medical Consultant and adopt his
rationale as the basis for our conclusion the applicant has not
been the victim of an error of injustice. Therefore, in the
absence of evidence 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-2011-02638 in Executive Session on 22 March 12, under the
provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Jun 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated
12 Dec 11.
Exhibit D. Letter, SAF/MRBC, dated 20 Dec 2011.
Vice Chair
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