RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03822

		COUNSEL:  NONE

		HEARING DESIRED:  YES


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APPLICANT REQUESTS THAT:

Her narrative reason for separation of “Personality Disorder” be corrected to reflect “Bipolar Disorder”.  
  
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APPLICANT CONTENDS THAT:

She was erroneously discharged with a “Personality Disorder.”  She developed a bipolar disorder, which is an Axis I impulse control disorder, while serving in the Air Force and should have been given a disability discharge.  

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s military personnel records indicate she enlisted in the Regular Air Force on 22 Aug 01.  

On 29 Oct 02, the applicant was hospitalized for homicidal thoughts and a viable plan to kill her suite mate.  

On 2 Nov 02, the applicant received a Letter of Counseling (LOC) for an assault that was consummated by a battery.  

On 15 Nov 02, the applicant was diagnosed by a psychologist as having a personality disorder that was so severe that her ability to function in a military environment was significantly impaired.  

On 5 Dec 02, the applicant was notified by her commander of his intent to recommend her discharge for Conditions that Interfere With Military Service – Mental Disorder, under the provisions of AFI 36-3208, Administrative Separation of Airmen.  The applicant acknowledged receipt of the action, consulted counsel, and elected to submit a statement on her behalf.  
The case was found to be legally sufficient and the discharge authority directed the applicant be furnished an honorable discharge, without Probation and Rehabilitation.  

On 8 Jan 03, the applicant was furnished an honorable discharge, with a narrative reason for separation of “Personality Disorder,” and an RE code of 2B.  She was credited with 1 year, 4 months, and 17 days total active service.  

On 12 Sep 13, AFPC/DPAPP notified the applicant that after a complete review of her official military records and the documentation she provided, they were able to verify and confirm that she had boots on ground foreign service time to Oman, from 5 Mar 12 to 8 Jun 02, for three months and three days.  She was provided a “boots-on-ground” letter for Oman.  

On 12 Nov 13, AFPC/DPSID was able to verify the applicant’s entitlement to the following Air Force Medals and/or Ribbons and have corrected her records administratively:  

	a.  Global War On Terrorism Expeditionary Medal (GWOT-E).

		b.  Global War On Terrorism Service Medal (GWOT-S).
	
		c.  Air Force Expeditionary Service Ribbon with Gold Boarder (AFESR w/GB).

The remaining relevant facts pertaining to this application is described in the letter prepared by the AFBCMR Medical Consultant which is attached at Exhibit C.   

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AIR FORCE EVALUATION:

The AFBCMR Medical Consultant recommends denial, indicating the applicant has not met the burden of proof of an error or injustice that warrants the desired change of her record.  Furthermore, the applicant’s request to change her narrative reason for separation from “Personality Disorder” to “Bipolar Disorder” bears the same or greater detriment.  Although Personality Disorder has been entered on her DD Form 214 as a likely default diagnosis, the applicant’s actual predominant diagnosis was Impulse Control Disorder, which has its own Separation Program Designator (SPD) Code.  Thus, while the Board may offer to correct the record to accurately reflect the facts of the applicant’s case, such action will likely have a similar or greater negative impact upon her social and occupational opportunities under the new label.  In accordance with Department of Defense Instruction (DoDI) 1332.38, Physical Disability Evaluation and AFI 36-3208, the applicant’s diagnosis fell within a listing of certain mental disorders, not considered a compensable disability.  Claims for diagnostic errors (particularly mental health conditions) have significance, particularly when the claimant has been discharged for a non-compensable service diagnosis, e.g., Personality Disorder, Impulse Control Disorder, and service connection has been later granted for a different [and compensable] post-service diagnosis made by the Department of Veterans Affairs (DVA) or other sources.  Policies are established with the DVA to address diagnostic changes, in the implicit effort to render the most appropriate case disposition within this Agency.  Diagnostic nomenclature assigned to a given set of psychiatric symptoms or demonstrated behavior, as observed or 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 a subsequent point in time [e.g. post-service DVA compensation & pension evaluation].  Therefore, with the often disclosure of a different clinical history or with emphasis on a given set of symptoms, a new mental health provider may reach a different diagnostic conclusion.  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.  This may occur when symptoms are experienced that are shared [overlapped] by one or more different clinical diagnoses.  As such, 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 subject, often times making it difficult or inappropriate to attempt to separate the two due to their close association and shared clinical features.  Thus, although there are brief references to depression in the applicant’s treatment record and the fact that she may have since been given a different diagnosis since leaving the military, the evidence is insufficient to invalidate the accuracy or appropriateness of the diagnostic conclusions reached by equally competent military mental health authorities who were familiar with the applicant’s observed and self-reported pattern of behavior at the time of her military service.  Knowing the Board cannot make a ruling of greater detriment to the applicant, election can be made to invoke Secretarial Authority to remove any lifelong detriment to the applicant.  
 
A complete copy of the AFBCMR Medical Consultant’s evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the AFBCMR Medical Consultant’s evaluation was forwarded to the applicant on 20 May 14, for review and comment within 30 days (Exhibit D).  As of this date, this office has received no response.  

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FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the available evidence of record, we find the application untimely.  The applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  The applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits.  Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner.  

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THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.  

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The following members of the Board considered AFBCMR Docket Number BC-2012-04131 in Executive Session on 1 Jul 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 8 Sep 13.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, dated 
                 25 Mar 14.  
     Exhibit D.  Letter, SAF/MRBR, dated 20 May 14. 




                                   
                                   Panel Chair
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