RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05610
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her narrative reason for separation of adjustment disorder and
its corresponding separation code of JFY, be changed to a
medical separation.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her separation code is incorrect and her reason for separation
is abbreviated and ambiguous, which is preventing her from
receiving her full Post 9/11 GI Bill benefits.
In support of her appeal, the applicant provides a personal
statement; copies of her discharge correspondence; DD Form 214,
Certificate of Release or Discharge from Active Duty, issued in
conjunction with her 7 May 08 discharge, and a letter from the
Department of Veterans Affairs (DVA), dated 4 Jun 10.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 29 Aug 06, the applicant enlisted in the Regular Air Force in
the grade of airman basic (E-1/AB).
On 7 May 08, the applicant was honorably discharged, with a
reason for separation of adjustment disorder. She was credited
with one year, eight months and nine days of active duty
service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, stating, in part, that based on
the documentation on file in the master personnel records, the
discharge to include the narrative reason for separation and the
separation code was consistent with the procedural and
substantive requirements of the discharge instruction and was
within the discretion of the discharge authority. DPSOR found
no evidence of an error or injustice in the processing of the
applicant's discharge.
The applicant was initially seen at the Base Mental Health
Clinic on 09 Jan 08 for an assessment regarding an Adjustment
Disorder, with Mixed Anxiety and Depressed Mood. She
voluntarily participated in therapy and received support from
Family Advocacy. The applicant has Axis I disorders that were
significantly impeding her ability to function in the military
environment. In accordance with AFI 36-3208, Administrative
Separation of Airmen, para 5.11.9.1 and the medical professional
opinion, the applicant's adjustment disorder was so severe that
her ability to function effectively in the military environment
was significantly impaired.
The applicant requested administrative separation under AFI 36-
3208, Para 5.11.9.1. It was recommended that she continue
receiving services from Mental Health and Family Advocacy until
her separation. The medical evaluation indicates the applicant
was not suitable for retention in the Air Force and should have
been separated.
DPSOR noted the applicants apparent success and that she was
coping well in her civilian capacity; however, her success in
her civilian life does not change the basis for which she was
discharged from the Air Force. The military environment is
unique and stressors encountered in such an environment may not
appear or surface when removed from the military environment.
The complete DPSOR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
She states that her request for correction of her DD Form
214 and change of her administrative discharge to a medical
discharge is necessary due to her not receiving benefits for
which she is entitled as a disabled veteran. Her disabilities,
both of which were incurred while in the military (Exercise
induced Asthma and Adjustment Disorder with Anxiety and
Depressed Mood), were proven to be service connected. So, based
upon that fact, she is eligible for 100 percent of her veteran's
benefits. Also, she is a full-time student and she is not
receiving her full GI Bill entitlement as a result of improper
wording on her DD Form 214. The separation code which should
appear does not and the narrative reason information is
abbreviated and should include her full diagnoses.
The advisory opinion recommends denial as a result of
inappropriate behavior on her part; however, this could not be
further from the truth as she received neither verbal nor
written reprimands from any of her superiors during her time
served on active duty.
The letter also states that she was given multiple opportunities
to correct her behavior which is also incorrect.
She was experiencing such extenuating circumstances that she
feared that she would eventually adversely affect the mission.
Furthermore, the initial request for separation was made by her
based on the fact that she had begun suffering from extreme
sleep deprivation, extreme exhaustion and anxiety, which led her
to seek medical treatment on her own. She is not guilty of any
or exhibited any inappropriate behavior and was never counseled
by any of her superiors and thus, could not have been given an
opportunity to correct her behavior that she was not made aware
was an issue.
Despite her personal challenges, she still managed to arrive at
work on time in the proper uniform, did her job well, and
maintained military bearing at all times until her last day as a
member of the Air Force.
The applicants complete response, with attachments, is at
Exhibit E.
________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial.
The BCMR Medical Consultant notes the applicant served in the
active duty Air Force for about 20 months. From the
documentation supplied, the Medical Consultant can determine
that the applicant was seen and treated at the Base Mental
Health Clinic and diagnosed with Axis I Disorders (Adjustment
Disorder with Anxiety and Depressed Mood). In her providers
professional medical opinion, the applicant's adjustment
disorder was so severe that her ability to function effectively
in the military environment was significantly impaired. This
medical evaluation indicated that the applicant was not suitable
for retention in the Air Force and she was administratively
separated. Based on the documentation provided, the narrative
reason for separation and separation code were consistent with
the procedural and substantive requirements of the discharge
instruction and the discharge authority.
In addressing the applicant's implicit desire for a medical
separation, the Military Disability Evaluation System (MDES),
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
to the degree of impairment present at the time of separation
and not based on future occurrences.
Based upon the supplied service medical evidence, the Medical
Consultant found no medical condition that established, [or
should have], a cause and effect relationship with the
termination of the applicant's service or as an alternative
reason for her release from military service. Although the
applicant was evaluated and treated for episodic illnesses
during her military service, none were shown to have interfered
with her military service to the extent or duration that
warranted placement on Medical Hold for a Medical Evaluation
Board (MEB) and processing through the MDES.
On the other hand, operating under a different set of laws
(Title 38, U.S. C.), with a different purpose, the DVA is
authorized to offer compensation for any medical condition
determined service incurred, without regard to [and independent
of] its demonstrated or proven impact upon a service member's
retainability, fitness to serve, narrative reason for
separation, or the intervening or transpired period since the
date of separation. With this in mind, Title 38, U.S.C., which
governs the DVA compensation system, was written to allow
awarding compensation ratings for conditions that were not
unfitting for military service. This is the reason why an
individual can be found fit for release from military service
and yet sometime thereafter receive a compensation rating from
the DVA for service-connected, but militarily non-unfitting
conditions. The DVA is also empowered to conduct periodic re-
evaluations for the purpose of adjusting the disability rating
awards (increase or decrease) as the level of impairment from a
given service connected medical condition may vary (improve or
worsen, affecting future employability) over the lifetime of the
veteran. The DVA is the agency chartered by Congress to provide
assistance to all eligible veterans.
The complete BCMR Medical Consultant evaluation is at Exhibit F.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 Sep 13 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit G).
________________________________________________________________
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. The
applicants case has undergone an exhaustive review by the Air
Force Office of Primary Responsibility (OPR) and the BCMR
Medical Consultant and we do not find the evidence provided
sufficient to overcome their assessment of the case. As such,
we agree with the opinion and recommendation of the Air Force
OPR and the BCMR Medical Consultant and adopt their rationale as
the basis for our decision that the applicant has not been the
victim of an error or injustice. In addition, we note the
applicant refutes statements in the OPRs evaluation that states
that she was counseled for inappropriate behavior and given
opportunities to correct her behavior; however, these statements
were not a factor in coming to our decision. Therefore, in view
of the above and 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-2012-05610 in Executive Session on 7 Nov 13, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Nov 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 4 Mar 13.
Exhibit D. Letter, Letter, SAF/MRBR, dated 22 Mar 13.
Exhibit E. Letter, Applicant, dated 15 Apr 13, w/atchs.
Exhibit F. Letter, BCMR Medical Consultant,
dated 24 Mar 13.
Exhibit G. Letter, SAF/MRBC, dated 10 Sep 13.
Panel Chair
2
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