RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01905
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
The narrative reason for separation on her DD Form 214,
Certificate of Discharge or Release from Active Duty, be changed
from adjustment disorder to medical.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was recently diagnosed with Post Traumatic Stress Disorder
(PTSD) by her local Department of Veterans Affairs (DVA) and
Central Virginia Community Services offices. She was never
tested for PTSD while she was in the Air Force. She has been
wearing adult diapers ever since her gallbladder surgery in
2009. She has memory problems, tendonitis, patella femoral
syndrome, residual gallbladder problems and shoulders that
dislocate. She cannot lift, stoop, walk or squat for periods of
time without pain. These are the reasons why she is requesting
a change in the reason for her separation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to copies of documents extracted from the Automated
Records Management System (ARMS), the applicant is a former
member of the Regular Air Force who enlisted on 19 May 2009.
1. On 18 October 2010 the applicant was notified by her
commander that he was recommending her for discharge from the
Air Force under the provisions of AFI 36-3208 Administrative
Separation of Airmen, (dated 9 Jul 04 incorporating through
change 5, dated 14 Sep 10) paragraph 5.11.9., Mental Disorders.
The specific reason for this action was that on or about
4 October 2010, the applicant was diagnosed with adjustment and
personality disorders. A clinical psychologists evaluation
indicated that her inappropriate behavior was likely to recur
and her long term prognosis was poor. Additionally the
psychologist determined that her diagnosed disorders were so
severe that her ability to function in a military environment
was significantly impaired and recommended administrative
separation from the Air Force.
2. The commander also considered the following information
while making a recommendation for discharge: On or about 16
August 2010, the applicant failed to type her hand written
training notes for review as instructed. As a result, she
received a Letter of Counseling (LOC) dated 16 August 2010.
3. On 18 October 2010, the applicant acknowledged receipt of
the notification of discharge and was advised of her right to
consult counsel and submit statements on her own behalf. On
21 October 2010, she opted to consult counsel as well as submit
a statement on her own behalf.
4. Subsequent to the file being found legally sufficient the
discharge authority approved the recommendation and directed
that the applicant be separated with an honorable discharge
without probation and rehabilitation. On 10 November 2010, the
applicant was released from active duty with an honorable
characterization of service, a separation code of JFY and a
narrative reason for separation of Adjustment Disorder. She
was credited with 1 year, 5 months and 22 days of active duty
service.
________________________________________________________________
AIR FORCE EVALUATION:
1. The AFBCMR Medical Consultant recommends denial. The
Medical Consultant states the mental health assessment by the
Chief of Psychological Services dated 4 October 2010, clearly
documents the existence of an adjustment disorder. In the
report, the psychologist details historical behavior patterns
consistent with the Axis I diagnosis of adjustment disorder with
disturbance of emotions and conduct. Even so, the mental health
assessment specifically states, the applicant has no medical
condition that would warrant referral to a Medical Evaluation
Board (MEB).
2. A review of the 26 January 2012, DVA rating indicated the
assignment of 10 percent service connection for adjustment
disorder with disturbance of emotions and notes no justification
for a higher rating or impairment determination. A global
assessment of functioning (GAF) score of 65 was assigned
indicating mild symptoms with some difficulty with social and
occupational functioning.
3. A review of the applicants ambulatory medical and mental
health records indicated no presence of PTSD despite numerous
mental health encounters which occurred during the applicants
period of service. Therefore, even if mild symptoms of the
disease were present, it would not be considered unfitting or
disqualifying for service.
4. Although the DVA assigned a disability rating for adjustment
disorder, under current Department of Defense and Air Force
Policies, such a disorder is not considered a compensable
disability; and thus resulted in administrative discharge. On
the other hand, operating under a different set of laws, Title
38 United States Code (U.S.C.), with a different purpose, the
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 fitness for continued service or narrative reason for
release from military service. With this is mind, Title 38,
U.S.C., which governs the DVA compensation system, was written
to allow award of compensation ratings for conditions with a
nexus with military service. This is the reason why an
individual can be found fit for release from active military
service and yet sometime thereafter receive a compensation
rating from the DVA for a condition found to be service-
connected, but which was not proven militarily unfitting during
the period of active service.
5. The BCMR Medical Consultant concludes, based on the review
of medical documentation provided, that no unfitting conditions
existed at the time of separation and no MEB was justified.
Therefore, the BCMR Medical Consultant recommends denial of the
applicants request for a change in the reason for separation
from an adjustment disorder to a medical diagnosis.
The complete AFBCMR Medical Consultant 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 8 January 2013 for review and comment within
30 days (Exhibit D). To date, this office has not received a
response.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely.
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 find no evidence of an error or injustice
that occurred during the discharge process. Based on the
available evidence of record, it appears the discharge was
consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority.
The applicant has provided no evidence, which would lead us to
believe the narrative reason for separation was contrary to the
provisions of the governing regulation. We note the applicants
contention that her PTSD, memory problems, tendonitis, patella
femoral syndrome, residual gallbladder problems and shoulders
that dislocate are reasons why her narrative reason for
separation should be reflected as medical. However, the
applicant has not provided evidence to establish these
conditions were unfitting at the time of her separation. Based
on the above comments, we agree with the BCMR Medical
Consultants assessment that the applicant has not been the
victim of an error or injustice. Accordingly, the applicants
request is not favorably considered.
4. 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 involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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
in Executive Session on 4 April 2013, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2012-01905:
Exhibit A. DD Form 149, dated 18 April 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated
7 January 13.
Exhibit D. Letter, SAF/MRBC, dated 8 January 2013.
Panel Chair
AFBCMR
1500 West Perimeter Road, Suite 3700
Joint Base Andrews NAF Washington, MD 20762
Dear:
Reference your application submitted under the provisions of AFI 36-2603 (Section 1552,
10 USC), AFBCMR Docket Number BC-2012-01905.
After careful consideration of your application and military records, the Board determined
that the evidence you presented did not demonstrate the existence of material error or injustice.
Accordingly, the Board denied your application.
You have the right to submit newly discovered relevant evidence for consideration by the
Board. In the absence of such additional evidence, a further review of your application is not
possible.
BY DIRECTION OF THE PANEL CHAIR
Chief Examiner
Air Force Board for Correction
of Military Records
Attachment:
Record of Board Proceedings
2
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
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