RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02567
COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
Her narrative reason for separation be changed from Conditions
Not a Disability to Service Connected Disability -
30 percent.
______________________________________________________________
APPLICANT CONTENDS THAT:
Shortly after she was discharged she received a service
connected disability rating due to the nature of her
separation.
She became aware that she was not receiving entitled benefits
due to the narrative reason for separation reflected on her DD
Form 214, Certificate of Release or Discharge from Active Duty.
The applicants complete submission is at Exhibit A.
______________________________________________________________
STATEMENT OF FACTS:
On 26 Apr 2000, the applicant enlisted in the Regular Air
Force.
On 5 Dec 2002, her commander notified her he was recommending
she be discharged under the provisions of AFPD 36-32, Military
Retirements and Separations and AFI 36-3208, Administrative
Separation of Airmen. The reason for his proposed action was
on 27 Sep 2002, she self-referred to the Life Skills Support
Center and began treatment for depression. Since that time,
she was seen at the clinic for alcohol abuse and a suicide
attempt on 4 Oct 2002. Following an additional alcohol related
incident on 28 Oct 2002, which was accompanied by suicidal
gestures, the commander requested her medical and mental health
records be reviewed for determination of possible severe mental
health conditions underlying her destructive behavior.
In accordance with the commanders request, a psychologist,
psychiatrist, and the Chief, Alcohol and Drug Abuse Prevention
and Treatment (ADAPT), evaluated her records. Based on their
assessment, she did not have a psychiatric condition that
required a medical evaluation board or that rendered her
incompetent for pay and records. However, she did possess a
Borderline Personality Disorder of such severity as to preclude
adequate military service. All mental health professionals
queried recommended that she be expeditiously administratively
discharged.
On 5 Dec 2002, the applicant acknowledged receipt of the
discharge notification.
In an undated letter, the Staff Judge Advocate found the
discharge legally sufficient.
On 19 Dec 2002, she was honorably discharged. Her narrative
reason for separation was Conditions Not a Disability.
______________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. DPSOR states they found no
evidence of error or injustice in the processing of the
applicants discharge. Based on the documentation in the
master 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.
The complete DPSOR evaluation is at Exhibit C.
The BCMR Medical Consultant recommends denial. The Medical
Consultant acknowledges that the applicant carried a co-morbid
diagnosis of Depressive Disorder. However, the mental health
professional who evaluated her determined that her primary
diagnosis was Borderline Personality Disorder and that she had
an S4T profile, secondary to her alcohol abuse and involvement
in the ADAPT program. Consequently, a determination was made
that it was her Personality Disorder and alcohol abuse, and not
her co-morbid diagnosis of Depressive Disorder, which
significantly interfered with her ability to perform military
service.
The applicant's factual history shows a recurrent problem with
alcohol abuse and maladaptive personality traits. She was
discharged under the provisions of AFI 36-3208, which
authorizes the involuntary separation of airmen that suffer
from Mental Disorders that are not considered a disability;
however that are so severe that the member's ability to
function effectively in the military environment is
significantly impaired.
Based on a mental health assessment, it was determined that she
did not have a psychiatric condition that required a Medical
Evaluation Board. However, she did possess a Borderline
Personality Disorder, of such severity as to preclude adequate
military service. Personality Disorders and Adjustment
Disorders are not considered compensable disabilities under AFI
36-3212, Physical Evaluation for Retention, Retirement, and
Separation or DODI 1332.38, Physical Disability Evaluation.
Because of the nature of her disorder, her commander felt an
honorable separation was appropriate acknowledging that it
precludes the applicant from re-entering the service.
Addressing the applicants implicit desire for a medical
separation, the military Disability Evaluation System (DES),
established to maintain a fit and vital fighting force, can 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 occurrences. Again, her
Personality Disorder is not a compensable disability.
On the other hand, operating under a different set of laws
(Title 38, U.S.C.), with a different purpose, 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 demonstrated or proven
impact upon a service members retainability, fitness to serve,
or narrative reason for release from military service. With
this in mind, Title 38, U.S.C., which governs the DVA
compensation system, was written to allow awarding compensation
ratings for any conditions with a nexus with military service.
This is the reason why an individual can be released from
active military service for one reason and yet sometime
thereafter receive a compensation rating from the DVA for a
medical condition considered service-connected, but which was
not militarily unfitting during the period of active service.
The Medical Consultant opines the applicant has not met the
burden of proof of 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:
Prior to July 2002 she was a model airman, who joined the Air
Force with the intention of retiring like her father.
Prior to receiving a Letter of Counseling for her participation
in an unprofessional relationship, she attempted to obtain a
Humanitarian Assignment to escape a situation that had become
intolerable. She was sexually harassed by her boss and tried
to handle it like an adult. Five months after the sexual
harassment became public; she changed from a model airman to a
suicidal person with borderline personality disorder. She
self-mutilated, drank to excess, had anger issues, had no self-
worth, and was depressed. She could not mentally or physically
endure anymore and wanted to be separated from the military.
She should have been discharged with a service connected
disability. She suffers from depression, suicidal ideations,
anger issues, and has a personality disorder, which began
during her time in the military and has continued after her
separation.
Her complete response is at Exhibit F.
______________________________________________________________
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 the Air Force office of primary
responsibility and the BMCR Medical Consultant and adopt their
rationale as the basis for our conclusion 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 Docket Number BC-
2012-02567 in Executive Session on 7 Mar 2013, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Jun 2012.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 6 Aug 2012.
Exhibit D. Letter, BCMR Medical Consultant, dated 28 Jan
2013.
Exhibit E. Letter, SAF/MRBC, dated 4 Feb 2013.
Exhibit F. Letter, Applicant, dated 11 Feb 2013.
Panel Chair
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