RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04247
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation (Unsuitable Personality
Disorder) be changed to reflect Post Traumatic Stress Disorder
(PTSD).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His medical diagnosis is PTSD - this was not a recognized
disorder at the time he was discharged.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 18 November
1977.
The applicant was notified by his commander of his intent to
recommend that he be discharged from the Air Force under the
provisions of AFM 39-12. The specific reasons were as follows:
the applicant was disqualified from his AFSC (206XX) and was
entered into training in the 60310 (vehicle operation) career
field. However, the heavy medication prescribed and used by him
made his utilization as an Air Force vehicle operator a
precarious proposition. The commander directed that he was not
to operate a Government Motor Vehicle (GMV) while taking the
large amounts of drugs prescribed by USAF medical authorities.
He had been medically disqualified from his previous AFSC and for
all practical purposes could not perform in his new AFSC.
Additionally, the diagnosis and recommendation by the Chief,
Mental Health Clinic indicates that the applicants situation was
volatile and unpredictable. The report further stated that
separation was the wisest course of action.
He was advised of his rights in this matter and after consulting
with counsel, the applicant submitted a conditional waiver
requesting an honorable discharge. In a legal review of the case
file, the staff judge advocate found the case legally sufficient
and recommended discharge.
On 12 March 1981, the applicant was honorably discharged under
the provisions of AFM 39-12 (Unsuitable Personality Disorder).
He served 3 years, 3 months and 26 days on active duty and
credited with 1 year and 5 month of foreign service.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial. The Medical
Consultant states over time as in this case after a decade, an
individuals pattern of behavior or reported symptoms may vary,
e.g., expand, improve, worsen, or may be reported differently as
new functional impairments arise which were not clinically
apparent or overly present during service. Thus, the fact that
the applicant has since been service connected for PTSD, as
determined in 1993 and, as of 1995 has sustained a total (100%)
disability rating, does not invalidate the findings and
diagnostic conclusions reached at the time of the applicants
military service. In fact, the Medical Consultant notes that
following an 18 December 1966 VA claim for a nervous disorder,
the VA medical officials issued a diagnosis of Anxiety Neurosis
with Depression and assigned 10% disability rating based upon an
examination completed on 22 July 1987; but made effective the
date of claim was filed.
However, the Medical Consultant wishes to direct attention to the
fact that the applicant had been issued a military diagnosis of
Anxiety Neurosis and/or Depressive Neurosis over a several month
period, only to have the diagnosis changed to a clearly unsuiting
and non-compensable Passive Aggressive Personality Disorder on or
about 12 February 1981. Over thirty years later, the Medical
Consultant cannot impugn the assessment by the military provider
as erroneous (mistaken or deliberate) or whether it was simply
based upon the preponderance of evidence at the time which,
noting the emergence of thoughts of harm to self and family
member (12 February 1981), which in the opinion of the Medical
Consultant suggests maladaptive pattern of thought akin to an
Adjustment Disorder if not Personality Disorder. Nevertheless,
there appears to have been no indication of eligibility or intent
to process the applicant through the Disability Evaluation System
(DES), under AFM 35-4 (forerunner of todays AFI 36-3212).
The applicant and the Board are reminded that operating under
Title 10, U.S.C., the Military Department can by law only offer
compensation for the illness or injury that causes career
termination, and then only to the degree of impairment present
the snap-shot time of final military disposition. Whereas,
operating under a different set of laws [Title 38, U.S.C.] with a
different purpose, the Department of Veterans Affairs (DVA) is
authorized to offer compensation for any medical condition for
which a nexus with military service has been established, without
regard to its proven impact upon a members retainability,
fitness to serve, narrative reason for release from military
service, or the intervening period since discharge. Moreover,
the DVA is empowered to conduct periodic evaluations for the
purpose of adjusting (increase or decrease) the disability rating
as the level of impairment emanating from a given medical
condition may vary (improve or worsen) over the lifetime of the
veteran.
Although the DVA has since established a nexus between the
applicants history [beginning in 1978] of occupational stress,
the symptoms reported in 1987, and the evidence of escalating
symptoms in 1993 and 1995, in establishing service connection for
the diagnosis of PTSD, the Medical Consultant opines these facts
are not determinative that PTSD was an unfitting medical
condition [despite the lack of nomenclature] at the time of the
applicants military service. Nevertheless, the Board may
collectively consider the applicants top performance during
Basic Military Service, his initial laudatory performance
reports, his apparent decline after assignment to an undesired
occupation, the perception of an 11th hour change in diagnosis
by the military service provider, and the post-service diagnosis
of PTSD, in offering the applicant alternative relief by changing
the narrative reason for separation to Secretarial Authority.
The complete AFBCMR Medical Consultants evaluation is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 24 February 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
_________________________________________________________________
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. After a
thorough review of the evidence of record and the applicants
submission, we believe that relief is not warranted and the
applicant has not provided any evidence which would lead us to
believe otherwise. His contentions are duly noted; however, the
detailed comments provided by the AFBCMR Medical Consultant
adequately address these allegations. Therefore, 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 failed to sustain his burden of proof that he has
suffered either an error or an injustice. In the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2012-04247 in Executive Session on 18 June 2013, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-04247 was considered:
Exhibit A. Record of Proceedings, dated 6 September 2012,
w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant dated
22 February 2012.
Exhibit D. Letter, SAF/MRBR, dated March 2013.
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