RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04557 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His narrative reason for separation be changed from 
miscellaneous discharge to permanent disability retirement. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He has been granted service connection by the Department of 
Veterans Affairs (DVA) for post-traumatic stress disorder 
(PTSD), major depressive disorder recurrent severe, with 
psychotic features and panic disorder with agoraphobia dating 
from 21 August 2006 to present. He believes he should have 
undergone a Medical Evaluation Board (MEB) due to his combat 
related stressors. 

 

In support of the appeal, the applicant provides his DD Form 
214, Certificate of Discharge or Release from Active Duty, his 
DVA rating and medical records. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 2 May 1996. 
On 19 May 2010, the Air Force Personnel Center approved the 
applicant’s request for early separation for miscellaneous 
reasons under the Expanded FY10 and FY11 Force Management 
Program. 

 

He was honorably discharged on 23 August 2010 for 
miscellaneous/general reasons. He was credited with 14 years, 
3 months and 23 days of active duty service. 

 

________________________________________________________________ 

 

 

 

 

AIR FORCE EVALUATION: 

 


The BCMR Medical Consultant recommends denial. The applicant’s 
medical records were reviewed and a number of episodes of care 
for cardio-respiratory, spanning a little over 10 years were 
noted. Some of the episodes of care included a complaint of 
irritability diagnosed as adjustment disorder, a right ankle 
injury, left chest wall secondary to blunt trauma, chest pain 
and heart palpitations. The applicant also complained that he 
never felt rested after sleep and was diagnosed with adjustment 
disorder with depressed mood. He had a sprained ankle, which he 
shortly reported was pain free and expressed his wish to resume 
training to prepare for his fitness assessment. 

 

The applicant’s records also revealed duty restrictions with 
profiles from December 2005 through March 2006 and two instances 
of being placed on quarters. There is no evidence supplied to 
demonstrate sustained duty limiting profiles rendering the 
applicant non-worldwide qualified of a sufficient level of 
impairment and sustained duration, 12 months or more, to trigger 
an MEB. 

 

The military Disability Evaluation System (DES) was established 
to maintain a fit and vital fighting force. By law, the DES can 
only offer compensation for those service incurred diseases or 
injuries which specifically render a member unfit for continued 
active service and were the cause for career termination. 
Service members are considered unfit when the evidence 
establishes that a member, due to physical disability, is unable 
to reasonably perform the duties of his or her office, grade, 
rank, to include duties during a remaining period of Reserve 
obligation. 

 

Although the record indicates the applicant received periodic 
evaluations for chest pain and shortness of breath and attended 
periodic visits with Life skills Support Center for significant 
recurring stressors, recurring heart palpitations, acute 
bronchitis and obstructive sleep apnea, none of these appear to 
have interfered with the applicant’s ability to perform his 
military duties to the level of sustained restrictions that 
would have warranted a medical hold and retroactive processing 
through the military DES. 

 

The Department of Defense Instruction 1332.36, states the mere 
presence of a medical condition is not sufficient for an unfit 
finding. Additionally, regardless of the presence of an illness 
or injury, inadequate performance of duty, by itself, shall not 
be the 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 between the applicant’s 
multiple service episodes of care and the multiple post-service 
ailments for which he has received disability compensation and 
his retainability or inability to perform his duties. 
Therefore, the applicant’s elective release from military 
service cannot be viewed as an error or injustice on part of the 
Military Department. 

 


The DVA operates under Title 38 and is authorized to offer 
compensation for any medical condition with nexus to military 
service, without regard to its demonstrated or proven impact 
upon a service member’s retainability, fitness to serve, or 
narrative reason for release from military service. This is the 
reason individuals can be found fit for release from military 
service for one reason and yet receive compensation ratings from 
the DVA for service-connected, but not military unfitting 
conditions. 

 

The applicant has not met the burden of proof of an error or 
injustice that warrants the desired change of record. 

 

The BCMR Medical Consultant’s complete evaluation is at 
Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 28 August 2012, for review and comment within 
15 days (Exhibit D). As of this date, this office has received 
no response. 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. We 
carefully considered the available evidence of record; however, 
we found no indication the actions taken to effect the 
applicant’s discharge was improper or contrary to the provisions 
of the governing instructions. 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. 
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 BCMR Docket Number 
BC-2011-04557 in Executive Session on 20 September 2012, under 
the provisions of AFI 36-2603: 

 

, Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dtd 1 Nov 11, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Record. 

 Exhibit C. Letter, BCMR Medical Consultant, dtd 27 Aug 12. 

 Exhibit D. Letter, SAF/MRBR, dtd 28 Aug 12. 

 

 

 

 

 

 Panel Chair