RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04240
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation be changed from adjustment
disorder to service related disability.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for a service related disability.
Specifically, depression severely worsened by his service to the
point of counseling, medication, and eventual discharge from the
Air Force. He has been denied certain medical benefits because
he only served two years before his medical discharge and his
reason for separation does not state that he had a service
related disability.
In support of his request, the applicant submits his Department
of Veterans (DVA) file claim number in item 10 on his DD Form
149.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
1. According to copies of documents extracted from the
Automated Records Management System (ARMS), the applicant
enlisted in the Regular Air Force on 4 October 2005 and was
discharged on 1 November 2007, with an honorable
characterization of service and was credited with 2 years and
28 days of active duty service.
2. Administrative documentation pertaining to the applicants
involuntary separation under AFI 36-3208, Administrative
Separation of Airmen, paragraph 5.11.9, Mental Disorders, is not
provided in the case file.
________________________________________________________________
AIR FORCE EVALUATION:
1. The AFBCMR Medical Consultant recommends denial. The
Medical Consultant states an Adjustment Disorder is listed
among mental conditions not considered a disability under
Department of Defense Instruction (DoDI) 1332.80 and AFI 36-
3208, as noted in the following extract from AFI 36-3208,
paragraph 5.11.9. Mental Disorders, a recommendation for
discharge under this provision must be supported by a report of
evaluation by a psychiatrist or clinical psychologist that
confirms the diagnosis of a disorder listed below, as contained
in the Diagnostic and Statistical Manual of Medical Disorders
(DSM-IV). This report must state the disorder is so severe that
the member's ability to function effectively in the military
environment is significantly impaired. This report may not be
used as, or substituted for, the explanation of the adverse
effect of the condition on assignment or duty performance.
2. The Medical Consultant further states diagnostic
nomenclature assigned to a given set of psychiatric symptoms and
stressors, as reported by a patient at a given point in time
(during a military evaluation), not uncommonly may change over
time; or may be reported differently at subsequent point in
time, e.g., post-service DVA Compensation & Pension (C&P)
evaluation. Therefore, with disclosure of a different clinical
history or set of symptoms, a new mental health provider may
reach a different diagnostic conclusion, as is likely in the
case under review. Professional diagnostic opinions may even
vary between two different providers when given the same set of
clinical symptoms from the same patient; and during the
approximate same period of time. Furthermore, a change in
diagnosis may legitimately occur following a greater period of
observation and treatment; notwithstanding the fact that
individuals may also experience symptoms that are shared
(overlapped) by one or more other clinical diagnoses (pl.),
e.g., the depressed mood seen in Adjustment Disorder, Major
Depressive Disorder, Dysthymic Disorder, Anxiety Disorder, PTSD,
and secondary to Alcohol Dependence; and mood swings seen in
Cyclothymic Disorder, Bipolar Disorder and Borderline
Personality Disorder. Yet two or more mental disorders [Axis I
and/or Axis II diagnoses] may even co-exist concurrently, as co-
morbid mental disorders in the same individual, often times
making it difficult or inappropriate to attempt to separate the
two due to their close association and shared clinical features.
3. The applicant has supplied no service medical documentation
addressing a mental condition, e.g., profile restrictions or
narrative summaries warranting referral for a Medical Evaluation
Board, other than his separation physical examination form,
which does indicate existence of depression at the time of his
release from service. Nevertheless, the fact that the applicant
has been given a different diagnosis by the DVA provider, some
three years post-service (and only made effective two years
post-service), is insufficient to invalidate the accuracy or
appropriateness of the conclusions reached by equally competent
military mental health authorities who were most familiar with
the applicant's pattern of behavior at the "snap-shot" time of
his release from military service. Thus, the Medical Consultant
opines the applicant has not sufficiently 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 13 March 2013 for review and comment within 30 days
(Exhibit D). To date, a response has not been received.
________________________________________________________________
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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we note there was insufficient evidence
within the applicants military personnel record to confirm the
circumstances and facts surrounding his discharge. Absent the
documentation, there is a presumption of regularity in which the
applicant was afforded due process and the discharge was
consistent with procedural and substantive requirements of the
discharge regulation. The applicant has provided no evidence,
which would lead us to believe his discharge was contrary to the
provisions of the governing regulation. Therefore, we are in
agreement with the BCMR Medical Consultants assessment of the
case that the applicant has not sufficiently met the burden of
proof of error or injustice that warrants the desired change of
the record. Accordingly, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the
relief sought in this application.
________________________________________________________________
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 2 July 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2012-04240:
Exhibit A. DD Form 149, dated 27 August 2012.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated
5 March 2013.
Exhibit D. Letter, SAF/MRBC, dated 13 March 2013.
Panel Chair
AFBCMR
1500 West Perimeter Road
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-2012-04240.
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
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
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