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AF | BCMR | CY2012 | BC-2012-04240
Original file (BC-2012-04240.txt) Auto-classification: Denied
                       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 applicant’s 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 applicant’s 
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 applicant’s 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 Consultant’s 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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