RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02955
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her narrative reason for separation be changed from personality
disorder to medical discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. She was discharged for a diagnosed personality disorder
however, at the time of the diagnosis she was receiving medical
treatment from Mental Health and was prescribed prescriptions.
2. During the year 2010, she was seeing multiple mental health
doctors and was diagnosed with depression which contributed to
her personality disorder. She was also diagnosed with cluster B
personality disorder. She was prescribed Citaiopram,
Sertraline, Topiramate, Bupropion, and Celexa for her
personality disorder. Her reason for separation should be
Medical.
In support of her request, the applicant submits a copy of her
DD Form 214, Certificate of Release or Discharge from Active
Duty, medical records and Department of Veterans Affairs (DVA)
disability compensation approval letter with attachments.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 28 July 2009
and was progressively promoted to the rank of Airman First Class
(A1C), E-3 with an effective date of rank of 25 September 2009.
On 5 January 2011 the applicant was notified by her commander
that he was recommending her for discharge from the Air Force
under the provisions of AFPD 36-32 Military Retirements and
Separations and AFI 36-3208, Administrative Separation of
Airmen, Chapter 5, Section 5B, Involuntary Convenience of the
Government, paragraph 5.11, Conditions that Interfere with
Military Service, paragraph 5.11.9.1, under Mental Disorders.
The specific reason for this action was on 18 November 2010; the
applicant was given a psychological evaluation by a licensed
psychologist and was diagnosed as having a personality disorder.
The psychologist determined that although some members can serve
in the military with a personality disorder, the applicants
disorder was of a severity that success was not deemed likely
and her deployability was questionable. The psychologist stated
that the diagnosis of a personality disorder of this severity is
incompatible with military service.
The applicant acknowledged receipt of the notification of
discharge and was advised of her right to consult counsel and
submit a statement to the commander for consideration. She
opted to consult counsel and submit a statement on her behalf.
Subsequent to the file being found legally sufficient the
discharge authority approved the recommendation and directed the
applicant be separated with an honorable discharge without
probation and rehabilitation. The applicant was discharged on
26 January 2011, with a narrative reason for separation of
Personality Disorder and a separation code of JFX. She was
credited with 1 year, 5 months and 29 days of active duty
service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states; although they are
pleased the applicant is apparently succeeding and coping well
in her civilian capacity, it does not change the basis for which
she was discharged from the Air Force. The military environment
is unique and stressors encountered in such an environment may
not appear or surface when removed from the military
environment. The administrative discharge package clearly
indicated the applicant was counseled on numerous occasions
regarding her conduct and was afforded an opportunity to meet
Air Force standards prior to the initiation of her discharge.
Based on the documentation on file in the master military
personnel records, the discharge, to include the narrative
reason for separation and separation code was consistent with
the procedural and substantive requirements of the discharge
instruction and was within the discretion of the discharge
authority. They found no evidence of an error or injustice in
the processing of the applicants case.
The complete AFPC/DPSOS evaluation is at Exhibit C.
The AFBCMR Medical Consultant recommends denial. The Medical
Consultant states an individual may concurrently carry more than
one mental diagnosis at a given time; referred to as co-morbid
diagnoses (pl). Secondly, many mental disorders share or
overlap in symptomatology, e.g., Adjustment Disorder with Depressed Mood, Bipolar Disorder (hypo manic phase), Alcohol
Abuse, with associated Depressed Mood. There has been some
observed variability of the nomenclature assigned to the
applicants symptoms at a given time, but after a greater period
of observation, care, and analysis, her primary diagnosis (the
predominant one believed to interfere with the applicants
service) was one which qualified her for the involuntary
administrative discharge she received.
Although the applicants record contains evidence she carried
the diagnosis of Depression at one or more episodes of care,
military medical officials determined that it was the
applicants Personality Disorder, and not her co-morbid history
of Depression that significantly interfered with her
retainability or suitability for continued service.
Consequently, she did not qualify for processing of her
separation through disability channels under provisions of AFI
36-3212, Physical Evaluation for Retention and Retirement.
Instead, she was processed under provisions of AFI 36-3208 for a
mental condition NOT considered a disability. An extract from
Department of Defense Instruction 1332.38, Physical Disability
Evaluation, in effect at the time of the applicants release
from service, lists Adjustment Disorder and Personality Disorder
among conditions of a developmental nature and which are not
considered a disability.
On the other hand, operating under a different set of laws,
Title 38 United States Code (U.S.C.), the Department of Veterans
Affairs (DVA), is authorized to offer compensation for any
medical condition determined service incurred, without regard to
and independent of its individual proven impact upon a service
members retainability, fitness to serve, or the narrative
reason for release from military service. This is the reason
why an individual may be released from military service for one
reason, and sometime after release from service, receive a
compensation rating for a condition that was found service
connected, but was not individually unfitting for military
service. Thus, the fact that the DVA awarded the applicant
compensation for the diagnosis of Depressive Disorder is not a
justification for a retroactive unfit finding and the award of a
disability rating for the same; as it does not invalidate the
preponderance of clinical evidence that it was the applicants
non-compensable and non-ratable Personality Disorder that
significantly interfered with her retainability and which
rendered her unsuitable for military service. The BCMR Medical
Consultant opines the applicant has not met the burden of proof
of error or injustice that warrants the desired change of record
and recommends denial of the applicants petition for a change
in the narrative reason for discharge from a Personality
Disorder to a Medical Discharge.
The complete AFBCMR Medical Consultant evaluation is at
Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 November 2011 for review and comment within
30 days (Exhibit D). As of this date, no response has been
received by this office.
A copy of the AFBCMR Medical Consultant evaluation was forwarded
to the applicant on 26 March 2012, for review and comment within
30 days (Exhibit F). As of this date, no response has been
received by this office.
________________________________________________________________
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
recommendations of AFPC/DPSOS 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 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 this application
BC-2011-02955 in Executive Session on 8 May 2012, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 July 2011, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 13 October 2011.
Exhibit D. Letter, SAF/MRBR, dated 10 November 2011.
Exhibit E. Letter, BCMR Medical Consultant, dated
26 March 2012.
Exhibit F. Letter, SAF/MRBC, dated 26 March 2012.
Panel Chair
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