ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03342
COUNSEL:
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her records be corrected to reflect her diagnosis of post-
traumatic stress disorder (PTSD)/major depressive disorder is
combat-related.
2. Her personality disorder diagnosis be removed from her
records.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. Her PTSD/major depressive disorder is combat-related. She
performed aircrew duties in hostile skies over Iraq and
Afghanistan under combat conditions during a period of war and
was subjected to enemy surface-to-air weapons while performing
said duties.
2. Her personality disorder diagnosis was corrected by the Air
Force Board for Correction of Military Records (AFBCMR) in 2010
because factual errors, omissions and prejudicial documentation
resulted in an erroneous diagnosis.
The applicants complete submission, with attachments, is at
Exhibit F.
________________________________________________________________
STATEMENT OF FACTS:
On 24 Aug 09, the Board considered the applicants request to
correct her records to reflect that she was not discharged for
physical disability with entitlement to severance pay, but was
permanently retired for physical disability with a combined
compensable disability rating of 70 percent. After considering
all the facts and circumstances in this case, the Board
determined the evidence was sufficient to conclude the applicant
was the victim of an error or injustice and recommended her
records be corrected to reflect that on 11 April 2009, she was
found unfit to perform the duties of her office, rank, grade, or
rating by reason of physical disability, incurred while she was
entitled to receive basic pay; that the diagnosis in her case as
major depressive disorder associated with PTSD, VASRD Code 9434,
rated at 30 percent; that the degree of impairment was
permanent; that the disability was not due to intentional
misconduct or willful neglect; and that the disability was not
incurred during a period of unauthorized absence; and that the
disability was not received in the line of duty (LOD) as a
direct result of armed conflict or caused by instrumentality of
war. Further, she was not discharged by reason of physical
disability with entitlement to disability severance pay on
12 April 2009, but on that date her name was removed from the
Temporary Duality Retired List and she was permanently retired
by reason of physical disability, with a 30 percent compensable
disability rating. For a complete accounting of the facts and
circumstances of the original case, see the Record of
Proceedings at Exhibit E.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the AFBCMR Medical
Consultant which is attached at Exhibit G.
________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial, indicating the
fact the applicant may have incurred a disability during a
period of war or in an area of armed conflict or while
participating in combat operations is not sufficient to support
that her diagnoses were combat-related. There must be a direct
causal relationship between the instrumentality of war and the
disability. In the applicants case, a definite causal
relationship between armed conflict and her diagnosis of
PTSD/major depressive disorder must be shown. The applicants
record is absent a direct cause that pertains to a combat-
related event or any exposure to such as it relates to the
applicants unfitting medical condition. While two Air Medals
describe the applicants meritorious service which occurred in a
combat environment, her operational duties do not necessarily
constitute a direct causal relationship between her disability
and either combat or an instrumentality of war. There is
documented mental health history which supports other life
stressors and significant stressful events that could have been
the precipitating cause of her unfitting condition. Although
the Department of Veterans Affairs (DVA) diagnosed the applicant
with service connected PTSD and depressive disorder, their
criteria to establish service connection merely requires
documentation of the disorder (PTSD and depressive disorder) and
location (combat zone) and duty with in an area to establish
service connection. The Department of Defense combat-
relatedness criteria requires more detailed involvement to
establish combat-relatedness. As for her request to remove her
borderline personality disorder (BPD) diagnosis from her
records, there is no evidence of an error or injustice in this
regard. The applicants mental health records, comments from
the Secretary of the Air Force Personnel Council, the Formal
Physical Evaluation Board, and the pre-Medical Evaluation Board,
all have documented confirmation of signs and symptoms of BPD.
Such entries and assessments that are consistent with BPD should
not be deleted from official records. The documentation
represents historical mental health information which was
documented by competent and certified mental health
professionals and, thus, should remain as a part of an
established medical record.
A complete copy of the AFBCMR Medical Consultants evaluation is
at Exhibit G.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Counsel reiterates the applicants argument that her
disabilities are combat-related and disputes the medical
advisorys opinion that there is no direct cause which was
identified as it pertains to an identified combat-related event
or exposure. A review of the applicants flying history report,
Air Medals, and DVA rating determination supports a finding of
combat-related connection with her disabilities. Also, the
medical consultants analysis of the applicants borderline
personality disorder diagnosis is disputable. The AFBCMRs
previous decision indicates the applicant successfully raised a
reasonable doubt as to her personality disorder diagnosis; as
such, it should be removed from her records.
A complete copy of the applicants response, with attachments,
is at Exhibit I.
________________________________________________________________
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 took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the AFBCMR Medical Consultant and adopt his
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. Counsel disputes the
conclusions of the AFBCMR Medical Consultant and argues the
applicant has raised doubt as to whether there was a causal
connection between her operational duties and her unfitting
conditions; however, argument and conjecture are not a
sufficient basis for us to conclude that her unfitting
conditions are related to combat or an instrumentality of war.
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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2012-03342 in Executive Session on 23 May 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 27 October 2010,
w/atchs.
Exhibit F. DD Form 149, dated 30 July 2012, w/atchs.
Exhibit G. Letter, AFBCMR Medical Consultant,
dated 18 January 2013.
Exhibit H. Letter, SAF/MRBR, dated 22 January 2013.
Exhibit I. Letter, Counsel, dated 21 February 2013,
w/atchs.
Panel Chair
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