RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03399
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her administrative discharge be changed to a medical
retirement and she be awarded full benefits.
2. Her narrative reason for separation, as reflected on her DD
Form 214, Certificate of Release or Discharge from Active Duty,
be changed from Adjustment Disorder to Post Traumatic Stress
Disorder (PTSD).
________________________________________________________________
APPLICANT CONTENDS THAT:
Her diagnosis of Adjustment Disorder was an error because she
was a productive airman until diagnosed with PTSD while on
active duty. The psychologist made a biased decision and lied
to cover-up his initial diagnosis because she attempted suicide
again later that evening after meeting with him. Since the
Department of Veterans Affairs (DVA) issued her a 70 percent
compensable disability rating associated with her PTSD, she
should have received a medical evaluation board (MEB) and be
medically retired instead of receiving an administrative
discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 11 January
2005.
On 27 August 2007, the applicant was notified of her commanders
intent to recommend she be discharged from the Air Force for
conditions that interfered with military service: Mental
Disorders Adjustment Disorder.
On 27 August 2007, the applicant acknowledged receipt of the
notification of discharge and after consulting with counsel,
waived her rights to submit a statement on her own behalf.
On 28 August 2007, the applicants commander approved her
administrative separation under the provisions of AFI 36-3208, Administrative Separation of Airmen, by reason of conditions
that significantly interfere with her ability to function within
a military environment: Mental Disorders Adjustment Disorder.
On 28 August 2007, the Staff Judge Advocate reviewed the case
and found it legally sufficient to support discharge and
recommended that she receive a honorable discharge without
probation and rehabilitation.
On 31 August 2007, the applicant was honorably discharged with a
narrative reason for separation of Adjustment Disorder and was
credited with 2 years, 7 months, and 20 days.
On 9 March 2009, according to documentation provided by the
applicant, the DVA notified the applicant of their determination
that her PTSD with major depressive disorder was service
connected and she was granted a combined compensable disability
rating of 70 percent.
The remaining relevant facts pertaining to this application is
contained in the letter prepared by the appropriate offices of
the Air Force, which are attached at Exhibits C and Exhibit D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, indicating there is no evidence of
an error or injustice. Based on the documentation on file in
the master personnel records, the discharge to include the
narrative reason for separation was appropriately administered
and within the discretion of the discharge authority.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
The AFBCMR Medical Consultant recommends denial indicating the
applicants failure to completely disclose relevant mental
health history prior to enlistment, which would have been
disqualifying, renders her request for a medical retirement due
to PTSD unwarranted. The applicants past mental health history
contains a plethora of both ambulatory and inpatient visits for
multiple mental health conditions, including but not limited to,
alcohol dependence, adjustment disorder, PTSD [chronic],
personality disorder and suicide attempts. The applicant was
evaluated by a clinical psychologist who recommended
administrative separation resulting from a longstanding disorder
of character, behavior, and adaptability so severe that her
ability to function effectively in the military environment was
significantly impaired. A significant discrepancy exists
between the information submitted with this application and the
applicants medical records. The denial of previous suicide
attempts on the applicants pre-enlistment questionnaire in 2004
differs markedly from the information provided after entry in
the military, which documents yearly suicide attempts in the
applicants childhood. This discrepancy may represent a
fraudulent non-disclosure of a significant preexisting mental
health condition that would have been disqualifying for entry
into military service. The recurrence of the applicants
maladaptive pattern of behavior is more consistent with the
expected [already demonstrated] natural progression of a pre-
existing mental deficiency. There is some documentation in the
record which indicates chronic PTSD as a co-morbid diagnosis,
alongside other mental conditions, and noted that the Department
of Veterans Affairs (DVA) has established service connection for
her mental health condition. However, based upon a
preponderance of evidence, the applicants Adjustment Disorder
with Depressed Mood which was the mental health diagnosis that
rendered her unsuited for continued military service is not
negated by the DVAs decision to service connect chronic PTSD.
The military Disability Evaluation System (DES), established to
maintain a fit and vital fighting force, can by law, under Title
10, Untied 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.
The applicant should be aware that the DVA operates under a
different set of laws and is authorized to offer compensation
for any medical condition for which it establishes a nexus with
military service, without regard to its proven or demonstrated
impact upon a service, nor the intervening period since release
from service.
A complete copy of the AFBCMR Medical Consultant evaluation,
with attachments, is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 17 January 2013, for review and comment within 30
days (Exhibit E). 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 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 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 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 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-2012-03399 in Executive Session on 14 May 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jul 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 19 Sep 12.
Exhibit D. Letter, AFBCMR Medical Consultant,
dated 15 Jan 13, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 17 Jan 13.
Panel Chair
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