RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03637
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation of Personality Disorder
and corresponding separation code JFX be changed to a medical
retirement.
________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been medically retired for a bipolar disorder.
He was recently diagnosed with a bipolar disorder. The
Department of Veterans Affairs (DVA) rated his condition at
70 percent.
He only signed the recommendation for discharge for personality
disorder because he trusted the doctors diagnosis. At the
time, he thought it was the right diagnosis but now has evidence
to support he has a bipolar disorder.
The military has a history of discharging veterans with a
diagnosis of personality disorder. Consequently, veterans are
unable to get the proper treatment. He is one of these veterans
and requests his records be corrected.
In support of his request, the applicant provides a personal
statement, copies of his DD Form 214, Certificate of Release or
Discharge from Active Duty; medical information, DVA rating
decision and discharge proceedings.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 30 Mar 2009, the applicant entered active duty.
On 5 Jan 2010, the applicants commander notified him that he
was recommending that he be discharged from the Air Force for
conditions that interfere with military service, specifically,
mental disorders - personality disorders In Accordance With
(IAW) AFI 36-3208, Administrative Separation of Airmen. The
specific reasons include the applicants diagnosis with an
adjustment disorder with mixed disturbance of emotions and
conduct and borderline personality disorder. The severity of
the personality disorder affected the applicants ability to
function effectively in the military environment. Although he
denied any suicidal or homicidal ideations, he had a history of
recurrent suicidal ideations and threats. Due to the
personality disorder, he was recommended for permanent
disqualification from weapon bearing, Personnel Reliability
Program (PRP), Sensitive Compartmented Information (SCI) and
other sensitive duty access. Other factors considered in the
discharge recommendation include a Letter of Counseling (LOC)
for reporting late for duty and failure to go to his appointed
place of duty and a Letter of Reprimand (LOR) for damage to
government property.
On 5 Jan 2010, the applicant acknowledged receipt of the
discharge notification.
On 8 Jan 2010, he consulted counsel and waived his right to
submit statements in his own behalf.
On 11 Jan 2010, the Staff Judge Advocate (SJA) found the case
legally sufficient to support the separation.
On 12 Jan 2010, the separation authority approved the
recommendation for discharge.
On 20 Jan 2010, the applicant was honorably discharged with a
narrative reason for separation of Personality Disorder and a
corresponding separation code of JFX.
He served 9 months and 21 days on active duty.
_____________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. Based on the documentation on
file in the applicants master personnel records, the discharge
to include his narrative reason for separation was consistent
with the procedural and substantive requirements of the
discharge instruction and was within the discretion of the
discharge authority. The administrative discharge package
clearly indicates the applicant was counseled on numerous
occasions regarding his conduct and was afforded an opportunity
to meet Air Force standards prior to the initiation of his
discharge. The applicant was diagnosed with an adjustment
disorder with mixed disturbance of emotions, conduct and
borderline personality disorder. The medical report indicates
the applicant demonstrated unstable mood patterns, repeated
relationship problems, anger outbursts, acting out behaviors,
inpatient hospitalization and verbalized suicidal threats when
under stress. The applicant did not have a psychiatric disorder
that required action through medical channels, his ongoing work
and personal problems strongly suggest he was temperamentally
and emotionally unsuited for continued service in the Air Force.
The complete DPSOS evaluation is at Exhibit C.
The BCMR Medical Consultant recommends denial. The Medical
Consultant is aware and sensitive to allegations of diagnostic
errors [particularly mental health conditions] which result in
administrative discharge which are followed by service
connection by the DVA for a completely different diagnosis.
Policies have been established for use within the DVA to address
diagnostic changes in the implicit effort to render the most
appropriate disability rating decisions.
The diagnostic nomenclature assigned to a given set of
psychiatric symptoms as reported by a patient at a given point
in time may change over time or may be reported differently at a
subsequent point in time. Therefore, with disclosure of a
different clinical history or set of symptoms [as noted in the
distinctly different symptoms reported in the civilian
evaluation of 4 Mar 2013, when compared with the supplied
service evidence] a new mental health provider may legitimately
reach different diagnostic conclusions. Furthermore, a change
in diagnosis may occur following a greater period of observation
and treatment; individuals may also experience symptoms that
concurrently overlap one or more other clinical diagnosis. Yet
two or more mental disorders may even co-exist as co-morbid
mental disorders Axis I and/or Axis II diagnosis, often times
making it difficult to attempt to separate the two due to their
close association or shared clinical features. Thus, the fact
that the applicant was given a different diagnosis by a civilian
provider three years after leaving military service and has been
granted DVA compensation is insufficient to invalidate the
appropriateness of the diagnostic conclusions reached by equally
competent military mental health authorities who were at least
as familiar with the applicants observed pattern of behavior at
the snap-shot time of his military service.
The Medical Consultant is keenly aware of the shared clinical
features of borderline personality disorder and bipolar disorder
and the vulnerability for error in making either diagnosis by
equally competent clinicians at a given time. Given the fact
that the applicant has a family history of bipolar disorder and
considering its known familial/genetic predisposition, the
Medical Consultant opines the odds lean towards a condition
which was possibly present but not fully clinically manifested
at the time of his military service. However, given the
relative short interval of military service from the applicants
entry into military service to his first documented
manifestation of a negative pattern of behavior, it is difficult
to now presume that his medical condition was service incurred
or permanently aggravated by military service despite the
decision of the DVA.
The Board is reminded that, operating under Title 38, the DVA is
authorized to offer compensation for any medical diagnosis that
it independently finds a nexus with military service without
regard to its proven or demonstrated impact upon a service
members fitness to serve, retainability, the narrative reason
for release from military service or the intervening period
since release from service, in this case over three years after
his release from military service. The action by the DVA does
not automatically rule erroneous or invalidate any clinical
decision making based upon presenting signs and symptoms during
a service interview and the resultant conclusions reached by
competent medical authorities; particularly in the fluid and
evolving range of behavior changes that may occur over time.
This is the reason why an individual may be legitimately
separated from military service for one reason but sometime
thereafter receive a compensation rating from the DVA for a
medical condition that was either or not diagnosed or not
militarily unfitting at the time of release from military
service.
Nevertheless, in view of the applicants co-morbid service
diagnosis of adjustment disorder, the Board may elect to remove
the lifelong label of Personality Disorder with consideration
of a change to Secretarial Authority.
The complete BCMR Medical Consultants evaluation is at Exhibit
D.
_____________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He disagrees with the decision to deny his application and
provides new evidence to support his request, to include his
hospitalization records from when he was in the Air Force and a
complete diagnosis from his civilian psychiatrist.
He was admitted to Trinity Hospital in Minot, ND where he was
diagnosed with Axis I Major Depressive Disorder and Axis
2 Narcissistic Personality Disorder traits which were not
included in his official Air Force documentation. These records
should have been included since his prescription for Zoloft was
increased. His medical provider admitted that he had difficulty
making a diagnosis and he believes this new evidence proves that
the Air Force diagnosis was incorrect. Although he wasnt
diagnosed with bipolar disorder at the time, he was at least
diagnosed with major depressive disorder. He believes this new
evidence proves that he should have been medically discharged or
retired.
The applicants complete submission, with attachments, is at
Exhibit F.
________________________________________________________________
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 warranting
changing his discharge to a medical retirement or medical
separation. We took notice of the applicant's complete
submission in judging the merits of the case and do not find
that it supports a determination that the applicant was
improperly separated from active duty in 2010. The applicant
has provided no evidence which, in our opinion, successfully
refutes the assessment of his case by the BCMR Medical
Consultant. Therefore, we agree with the recommendation of the
BCMR Medical Consultant and adopt his opinion as our findings in
this case. In view of the above, we find no basis to favorably
consider this portion of the applicants request.
4. Notwithstanding the above, sufficient relevant evidence has
been presented to demonstrate the existence of an injustice to
warrant changing the applicants narrative reason for
separation. After carefully reviewing the evidence of record,
it appears that his separation was proper and in compliance with
the appropriate regulations in effect at the time. However, in
view of the applicants co-morbid service diagnosis of
adjustment disorder and to prevent a further burden with the
stigma associated with the narrative reason of Personality
Disorder we find it is in the interest of justice to change it
to "Secretarial Authority" with the corresponding separation
code of "JFF." Accordingly, we recommend his record be
corrected to the extent indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that at the
time of his discharge on 20 Jan 2010, the narrative reason for
his separation was Secretarial Authority with a separation code
of JFF.
_________________________________________________________________
The following members of the Board considered Docket Number BC-
2013-03637 in Executive Session on 27 May 2014, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Jun 2013, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 13 Sep 2013.
Exhibit D. Letter, AFBCMR Medical Consultant, 16 Jan 2014.
Exhibit E. Letter, SAF/MRBC, dated 22 Jan 2014.
Exhibit F. E-mail, Applicant, dated 13 Feb 2014.
Panel Chair
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