DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
XXXXXXX
HEARING DESIRED: YES
DOCKET NUMBER: BC-2011-03880
COUNSEL: XXXXX
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he was rated 70 percent
for Post-Traumatic Stress Disorder (PTSD) and permanently
retired by reason of physical disability, rather than discharged
for a personality disorder.
________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been medically retired, based on the diagnosis of
PTSD, which the Department of Veterans Affairs (DVA) has awarded
him a disability rating of 70 percent.
He has been diagnosed with PTSD by four different medical
providers. Prior to his discharge, he was erroneously diagnosed
with a personality disorder, due to erroneous information
originating from the improper diagnosis of Attention Deficit
Disorder and subsequent improper treatment. He would have been
diagnosed with PTSD and medically retired, had his command and
the diagnosing psychiatrist known of the true events surrounding
his condition, as those with a similar diagnosis, receive a
minimum disability rating of 50 percent.
Within the last three years, while under a civilian physician’s
care, he has come to understand that he did not have a
personality disorder, but rather his psychological problems
stemmed directly from a traumatic event that occurred over
Memorial Day weekend in 1996. During that weekend, while on a
camping trip, he challenged a fellow airman to swim across a
river. The other airman was swept away by the current and
drowned. He accepted blame for the death. His commander blamed
him for the incident, as an act of irresponsibility. He was
treated with disdain and indifference, and made as an example of
how fellow airmen should not act in dangerous situations, with
punishment consisting of denying him an opportunity to attend
the memorial service and making him personally apologize to the
late airmen’s airman’s parents. However, his command did not
know at the time that he and the other airman were homosexuals
and had formed a close romantic relationship over many months.
Witnessing his romantic partner disappear in the river caused a
great deal of trauma and the 16-day search for the airman’s body
exacerbated the trauma.
In 2001, he was diagnosed with ADD, after seeking medical
treatment for the depression and emotional problems he
experienced after the airman’s death. He later married and in
2003, fathered a child; however, his wife miscarried. They had
another child in 2004 but separated prior to her birth and he
was not allowed to witness her birth. He attempted regular
communication with his daughter but was met with strong
resistance from the mother and her family.
Throughout his 12-year military career, he never received any
form of adverse action, received exceptional evaluations, and
was awarded the Air Force Commendation Medal and four Good
Conduct Medals.
In support of the appeal, the applicant submits the statements
of four physicians, noting the diagnoses of major depressive
disorder and PTSD; newspaper articles concerning the airman’s
death and PTSD; statements of recommendation; extracts from his
military personnel and medical records; extracts from his DVA
medical records.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former enlisted member of the Regular Air
Force, who served on active duty from 23 April 1993 to
25 October 2005, as a supply management craftsman.
On 3 October 2005, the applicant was notified of his commander’s
intent to recommend his administrative discharge for conditions
that interfere with military service, i.e., mental disorders -
adjustment disorders; and that if approved, he would receive an
honorable discharge. The commander noted his reasons for the
proposed action were the 12 September 2005 psychiatric diagnosis
of an adjustment disorder with mixed anxiety and depressed mood,
attention deficient hyperactivity disorder and occupational
problems, rendering him unsuitable for further military service;
and the 27 September 2005 statement from the Rapid Area
Distribution Support (RADS) Team Chief, that his ability to
function in a military environment was negatively impacted the
diagnosis of ADD. He acknowledged receipt of the administrative
discharge action and of his rights to consult with military
legal counsel, submit statements in his own behalf, and to a
hearing before an administrative discharge board. He waived
these rights and acknowledged that regardless of the
recommendation, he could be discharged under other than
honorable conditions.
On 12 October 2005, the discharge authority approved the
recommendation and directed that he be discharged with an
honorable discharge for conditions that interfere with military
service, i.e., mental disorders - adjustment disorders.
On 25 October 2005, he was honorably discharged for a
personality disorder, after completing 12 years, 6 months, and 2
days of active service.
On 9 December 2008, the DVA awarded him a 10 percent disability
rating for tinnitus, effective 9 July 2007; and a 70 percent
disability rating for PTSD, effective 20 August 2007.
________________________________________________________________
AIR FORCE EVALUATION:
The Senior AFBCMR Medical Advisor recommends denial of the
applicant’s request for disability retirement, with a 70 percent
rating. However, he does recommend correcting the record to
reflect the narrative reason for the applicant’s separation was
either “Adjustment Disorder” or “Secretarial Authority,” rather
than “Personality Disorder,” since, at the time of his
separation, the applicant was diagnosed with an adjustment
disorder, rather than a personality disorder. Although
“Personality Disorder” was the standard default entry that was
placed on a DD Form 214 at the time of the applicant’s
separation when a mental disorder, not constituting a
compensable disability, was the cause for separation, the
Department of Defense (DoD) has since determined the narrative
reason of “Adjustment Disorder” is more appropriate. Further,
it would not be appropriate to change the narrative reason to
PTSD unless he had been diagnosed with this condition while in
the service or if it could be proven to have been the cause for
the termination of his career. A preponderance of medical
evidence indicates that, although post-service testimony and
clinical history rendered to the DVA and other civilian
providers have met the criteria for PTSD, the applicant’s
service medical records do not corroborate either the symptoms
described in the DVA examiner’s evaluation or evidence of any
resultant impairment during his military service. As such,
although the DVA established a nexus between PTSD and his
military service, this does not invalidate the clinical
assessments and diagnostic conclusions rendered by fully-
credentialed and competent service mental health providers;
particularly in the context of his disclosed history of
childhood Attention Deficit Hyper-activity Disorder (ADHD),
prior to treatment with Ritalin and his reported positive
response
Nevertheless, he acknowledges the unquantifiable impact of the
applicant’s failure to disclose the true nature of the close
relationship he had with the male decedent upon his underlying
emotional well-being over the approximate course of the 10 years
[and the consequences of such disclosure at the time];
particularly in the immediate weeks and months following the
1996 death of his friend. However, the preponderance of medical
evidence does not suggest that PTSD was, or should have been,
the cause for terminating his military career. Although the
treatment
during
to
his
military
service.
Class Action law suit of Sabo v US is noted, the applicant is
reminded that he would only be eligible for a military unfit
finding and compensation if PTSD (caused by the traumatic event
of 1996) was the actual cause for terminating his career.
Under Title 10 the military Disability Evaluation System (DES)
only offers compensation for the medical cause of career
termination and then only to the degree of impairment at the
time of final military disposition; whereas, operating under
Title 39, the DVA offers compensation for any medical condition
determined to be service-connected, without regard to its impact
upon a service member’s fitness to service. For this reason, a
member may be released from service for one reason, but later
receive DVA compensation for one or more medical consideration
that were not unfitting for military service at the time of
separation. Moreover, the DVA is empowered to conduct periodic
evaluations for the purpose of adjusting the rating award, as
the level of impairment may vary over the lifetime of the
veteran.
The complete Senior AFBCMR Medical Advisor’s evaluation is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant’s counsel agrees the narrative reason for
separation should be changed from “Personality Disorder” and
affirms the position that disability retirement is appropriate,
based on the diagnosis of PTSD. However, should the Board deny
the requested relief they request the alternative relief, i.e.,
changing the narrative reason for separation to “Secretarial
Authority,” as suggested by the Senior AFBCMR Medical Advisor be
provided. This notwithstanding, counsel disagrees with the
assessment of the applicant’s condition at time of separation
and notes that his PTSD could have been diagnosed while on
active duty, based on the evidence of record, i.e., traumatic
event occurred early in his AF career, was later determined to
be the cause of his PTSD, was diagnosed by four medical
professionals, etc. As a result his PTSD went untreated and the
Air Force, assuming he had ADHD medicated him with amphetamines,
which subsequently rendered him unfit for continued military
service. The majority of his problems stemmed from PTSD that he
suffered in 1996 and the lack of proper treatment. Therefore, a
reasonable nexus exists between the PTSD and his inability to
service nearly 10 years after trauma. Although the medical
advisor is correct in some of his assertions, his analysis is
incomplete and fails to properly weight many of the necessary
facts. Additionally, his detailed analysis should be considered
secondary to those who spent hours treating the applicant,
understanding his condition, and how it affected his service
from 1996 to 2005.
The complete response of the applicant’s counsel is at 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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice to warrant
changing the applicant’s narrative reason for separation from
“Personality Disorder” to “Secretarial Authority.” In this
respect, we note that at the time of his separation, he was
diagnosed with an adjustment disorder, rather than a personality
disorder. While “Personality Disorder” was the standard default
narrative reason for separation entry that was placed on a DD
Form 214 at the time of the applicant’s separation when a mental
disorder, not constituting a compensable disability, was the
cause for separation, the Department of Defense (DoD) has since
determined the narrative reason of “Adjustment Disorder” is more
appropriate. In view of this, the Senior AFBCMR Medical Advisor
has recommended the applicant’s narrative reason for separation
be changed to either “Adjustment Disorder” or “Secretarial
Authority.” The applicant and his counsel concur with the
recommendation to change the narrative reason to the latter.
Therefore, in view of the above, we recommend his records be
corrected to the extent indicated below.
4. Notwithstanding the foregoing, we find insufficient relevant
evidence has been presented to warrant favorable consideration
of his request for a permanent disability retirement, with a 70
percent rating. After thoroughly reviewing the evidence of
record and noting the applicant’s contentions, we are not
persuaded that he should have been medically retired, based on
the diagnosis of PTSD. We recognize the applicant has been
diagnosed with PTSD by four different medical providers since
his 2005 discharge and the DVA has awarded him a 70 percent
disability rating for this condition. We also understand the
applicant’s reluctance to disclose the true nature of the close
relationship he had with the male decedent at the time of his
death in 1986; however, once administrative discharge action was
initiated against him in 2005, based on the diagnosis of an
adjustment disorder, we find no plausible reason for him
withholding such information at that time if it was adversely
affecting his wellbeing. Further, the preponderance of the
evidence before us does not establish that PTSD was the cause
for the termination of his military career, as there is no
indication in his service medical records that he had this
condition at the time of his separation. We find this further
evidenced by the fact the DVA did not rate this condition
effective until almost two years after his 2005 separation,
rather than retroactively effective on the day following his
separation. Based on the foregoing, we agree with the opinion
of the Senior AFBCMR Medical Advisor as expressed in his
thorough and comprehensive evaluation, which is supported by the
evidence of record, and adopt his rationale as the basis for our
conclusion that no basis exists to further disturb the
applicant’s record. Therefore, in the absence of evidence to
the contrary, we find no compelling basis to grant his request
for permanent disability retired, with a 70 percent rating.
5. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that at the
time of his honorable discharge on 25 October 2005, the
narrative reason for his separation was “Secretarial Authority,”
rather than “Personality Disorder,” and his separation code was
“KFF,” rather than “HFX.”
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-03880 in Executive Session on 30 October 2012,
under the provisions of AFI 36-2603:
XXXXX, Panel Chair
XXXXX, Member
XXXXX, Member
Dated 6 Jun 12.
All members voted to correct the records, as recommended. The
following documentary evidence was considered in AFBCMR Docket
Number BC-2011-03880:
Exhibit A. DD Form 149, dated 17 Jun 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, Senior Medical Advisor, AFBCMR,
Exhibit D. Letter, SAF/MRBC, dated 7 Jun 12.
Exhibit E. Letter, Counsel, dated 6 Jul 12
XXXXX
Panel Chair
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