RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02514
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
Her narrative reason for separation be amended to reflect
Service Connected Disability rather than Adjustment
Disorder.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
She is receiving a 50 percent disability rating from the
Department of Veterans Affairs (DVA).
In support of the applicants appeal, she provides documentation
from the DVA and a copy of her DD Form 214, Certificate of
Release or Discharge from Active Duty.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 2 June 2009.
A command directed Report of Behavior Health Evaluation dated
14 July 2011, shows the applicant was issued an Axis I diagnosis
of Adjustment Disorder with Depressed Mood and an Axis II
diagnosis of Borderline Personality Disorder. The report
reflects - The applicant did not have a severe mental disorder
and was not considered mentally disordered. However, the
applicant manifested a long-standing disorder of character,
behavior and adaptability that was of such severity so as to
preclude further military service. The applicant presented with
personality traits that interfered with her ability to work in a
theatre of operations.
The applicant was notified by her commander of his intent to
recommend her discharge from the Air Force under the provisions
of AFPD 36-32 and AFI 36-3208. The specific reason was based on
the applicant being diagnosed with a mental disorder. She was
diagnosed with an Adjustment Disorder with depressed mood. This
disorder was so severe that it precluded further military
service.
She was advised of her rights in this matter and after
consulting with counsel she elected to submit a statement on her
own behalf. In a legal review of the case file, the assistant
staff judge advocate found the case legally sufficient and
recommended discharge. The discharge authority concurred with
the recommendation and directed an honorable discharge. The
applicant was discharged on 17 October 2011. She served 2
years, 4 months and 16 days on active duty.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states they are pleased the
applicant is apparently succeeding and coping well in her
civilian capacity, however, it 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 administrative discharge package clearly indicates the
applicant was counseled on numerous occasions regarding her
conduct and was afforded an opportunity to meet Air Force
standards prior to the initiation of her discharge.
Based on the documentation on file in the master personnel
records, the discharge to include the narrative reason for
separation and separation code was consistent with the
procedural and substantive requirements of the discharge
instruction and was within the discretion of the discharge
authority. There exists no evidence of an error or injustice in
the processing of the applicants discharge.
The DPSOS complete evaluation is at Exhibit C.
The AFBCMR Medical Consultant recommends denial. The AFBCMR
Medical Consultant states the applicant supplied evidence from
the DVA reflecting the granting of service connection for the
same principal diagnosis made by the Military Department,
Adjustment Disorder with Anxiety and Depressed Mood and
assigned an evaluation of 50 percent effective 18 October 2011.
Neither the compensation and pension medical assessment [nor the
date of evaluation] conducted by the DVA nor any related service
or post-service clinical assessments are supplied for an
independent analysis of the rationale for the diagnosis and the
rationale for the award of compensation, e.g., whether the
diagnosis of Adjustment Disorder was considered acute or whether
it was considered chronic at the point of evaluation by the DVA.
This diagnostic distinction is not supplied in the current
documentation.
Adjustment Disorder has been listed in the Air Force and
Department of Defense policies as a medical condition not
considered a compensable disability by the military Disability
Evaluation System (DES). Although a recent revision of DoD
policy [April 2013] now acknowledges that an individual with a
chronic Adjustment Disorder renders the individual eligible for
processing via a Medical Evaluation Board (MEB), the acute
Adjustment Disorder [that is a diagnosis initially made based
upon an identifiable stressor, usually lasting no more than six
months] continues to be held as non-compensable and non-ratable
by the military departments. When it has been determined that
an acute Adjustment Disorder is so severe as to significantly
interfere with an individuals ability to perform military
service, the member is vulnerable for an involuntary discharge,
under authority of AFI 36-3208
Therefore, even though the DVA has granted compensation for the
applicants medical condition, this evidence does not invalidate
the appropriateness of the military discharge disposition, which
was based upon the diagnostic distinction present at the snap
shot time of the applicants release from military service;
notwithstanding the fact that the applicants disability rating
was made effective the day after her release from military
service.
Finally, for awareness, the DVA is authorized, under Title
38 United States Code, to offer compensation for any medical
condition with a nexus with military service, without regard its
proven impact upon a former service members fitness to serve,
the narrative reason for release from service, or the duration
of time passed since separation. This is the reason why an
individual may be released from service for one reason and later
receive a compensation rating for one or more medical conditions
that were not considered militarily unfitting or eligible for
military disability processing at the time of military service.
The DVA is also empowered to conduct periodic re-evaluations for
the purpose of adjusting the disability rating determinations
(increase or decrease) as the level of impairment from a given
medical condition may vary (worsen or improve) over the lifetime
of the veteran.
The AFBCMR Medical Consultants complete evaluation is at
Exhibit D.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
On 24 October 2013, copies of the Air Force evaluations were
forwarded to the applicant for review and response within
30 days (Exhibit E). 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 timely filed.
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, it is our opinion
that given the circumstances surrounding her separation from the
Air Force, the narrative reason for separation assigned was
proper and in compliance with the appropriate instructions. In
addition, the applicant has not provided any evidence which
would lead us to believe otherwise. Therefore, we agree with
the Air Force offices of primary responsibility and adopt their
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. 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 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-2013-02514 in Executive Session on 18 February 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 June 2013, w/atchs.
Exhibit B. Applicants Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 26 September 2013.
Exhibit D. Letter, AFBCMR Medical Consultant,
dated 22 October 2013.
Exhibit E. Letters, SAF/MRBR, dated 24 October 2013.
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