RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03712

		COUNSEL:  NONE

		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His medical conditions of Dysthymic Disorder, Superimposed 
Adjustment Disorder, Mild Cognitive Impairment (MCI), and 
Asperger’s Syndrome, be considered by a Medical Evaluation Board 
(MEB) and he be either reinstated in the Air Force or medically 
retired.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He was separated without proper medical assessment.  He has been 
diagnosed as having Dysthymic Disorder, Superimposed Adjustment 
Disorder, Mild Cognitive Impairment, and Asperger’s Syndrome.  
These diagnoses were attributed to his military service.  Had he 
been diagnosed prior to his separation, he would have undergone 
an MEB review.  

The applicant’s 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 24 April 1996, 
and was released from active duty on 22 February 2012, with an 
honorable characterization of service, a separation code of 
“JBK” and a narrative reason for separation of “Completion of 
Required Active Service.”  He was credited with 15 years, 
9 months and 29 days of active duty service.  

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military personnel records are 
contained in the letter prepared by the appropriate office of 
the Air Force at Exhibit C.

________________________________________________________________




AIR FORCE EVALUATION:

1.  The AFBCMR Medical Consultant recommends denial.  The 
Medical Consultant states that on 21 December 2011, the 
applicant underwent a Bronstrom Repair of his left ankle 
ligaments at the time of his discharge and was undergoing 
physical therapy.  He was to complete physical therapy under the 
Transitional Assistance Management Program (TAMP).  The 
applicant was seen on 18 January 2012 for his Separation 
Physical.  The Separation Physical noted that he was recovering 
from left ankle surgery and had some localized bilateral knee 
pain.  The applicant had a history of Obstructive Sleep Apnea 
(OSA) which was well controlled with CPAP, and was evaluated by 
a Medical Evaluation Board (MEB) on 4 October 2004.  That MEB 
found the applicant fit and returned him to duty.  On his 
separation physical the applicant specifically denied 
depression, as well as suicidal and homicidal thoughts.  His 
PHQ-2 Depression Screen was also negative.  The Psychiatric Exam 
found his mood to be euthymic (a medical term used to describe a 
psychological state that is statistically or otherwise normal, 
neither elated nor depressed), and his affect normal.  No 
mention was made of a memory loss.  

2.  On 5 June 2012, over three months post-discharge, the 
applicant was seen for a chief complaint of memory issues.  Both 
the applicant and his wife (who is a nurse at the clinic where 
he was seen) state that they have noticed his short term memory 
more so than long term memory worsening over the past 4-5 years.  
The applicant gave examples of forgetting to turn off the stove.  
Laboratory findings indicated a Vitamin D deficiency and the 
applicant was placed on replacement therapy.  No laboratory 
findings of an infectious process were found, the applicant had 
a negative CT scan of the brain and was referred for a 
neuropsychological evaluation.

3.  On 2 July 2012, the applicant was seen at a local 
neuropsychological office.  The diagnostic impressions are as 
follows: Dysthymic Disorder, Superimposed adjustment disorder 
with mixed features of anxiety and depression (related to his 
leaving the military, having job difficulties, etc.), Mild 
Cognitive Impairment (MCI) exacerbated by depression, rule out 
Pervasive Developmental Disorder (Asperger's type).  

4.  The Medical Consultant states he reviewed the applicant’s 
medical documentation to include, a Separation Physical, Annual 
Physical Health Assessments (PHA), Dental History and Physicals, 
Optometry History and Physicals, Pre and Post-Deployment exams, 
which were established over a 15-year service history.  He was 
unable to find any mention of depression or forgetfulness in the 
applicant’s service treatment record; to the contrary, the 
applicant time after time denied such symptoms.  There were also 
no AF Forms 422, Physical Profile Serial Report, or AF Forms 
469’s, Duty Limiting Conditions Report, rendering the applicant 
non-worldwide qualified due to a mood or cognitive disorder.  
The applicant states that he was "separated without proper 
medical assessment," and his "desire is to be considered for an 
MEB and either be reinstated or medically retired."  The Medical 
Consultant notes again that the applicant had a full detailed 
medical assessment on his separation physical.  

5.  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.  In this case, it could not 
be established that the applicant was unable to reasonably 
perform his military duties due either to a Dysthymic Disorder, 
Cognitive Impairment, or Asperger’s Syndrome during his military 
service.  Although the applicant was evaluated and treated for a 
number of other episodic complaints during his military service, 
e.g., recurrent left ankle pain, mid-foot pain, and sinusitis,  
the Medical Consultant found no medical condition that 
established, [or should have], a cause and effect relationship 
with the termination his of service. 

6.  The BCMR Medical Consultant concludes, based on the review 
of medical documentation provided that the applicant has not met 
the burden of proof of error or injustice that warrants the 
desired change of the record.

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 19 February 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 error in the discharge 
process and after thoroughly reviewing the documentation that 
has been submitted in support of applicant's appeal, we do not 
believe he has suffered from an injustice.  We note the 
applicant’s contention that his Dysthymic Disorder, Superimposed 
Adjustment Disorder, Mild Cognitive Impairment, and Asperger’s 
Syndrome, diagnoses were attributed to his military service.  
However, we also note that the BCMR Medical Consultant states 
that it could not be established that the applicant was unable 
to reasonably perform his military duties due to either of these 
conditions during his military service.  Additionally, the 
applicant has not provided evidence to establish these 
conditions were present and deemed unfitting at the time of his 
separation and had a cause and effect relationship with the 
conclusion of his military service.  Based on the above 
comments, we agree with the BCMR Medical Consultant’s assessment 
that the applicant has not been the victim of an error or 
injustice.  Accordingly, the applicant’s request 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 8 May 2013, under the provisions of AFI 
36-2603:

			, Vice Chair
      , Member
			, Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-03712:

    Exhibit A.  DD Form 149, dated 31 July 2012, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR Medical Consultant, dated 18 
February 2013.
    Exhibit D.  Letter, SAF/MRBC, dated 19 February 2013.




                                   
                                   Vice Chair