RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00847
		COUNSEL: NONE 
		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her honorable discharge be upgraded to a medical retirement.

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APPLICANT CONTENDS THAT:

She was the victim of a military sexual trauma while attending 
the United States Air Force Academy (USAFA).  The Department of 
Veteran’s Affairs (DVA) granted her service-connection for Post-
Traumatic Stress Disorder (PTSD) and Major Depressive Disorder 
with a 70 percent disability rating.  The disability rating 
falls under the presumptive period pursuant to the provisions of 
38 CFR §3.304(f)(5) and 3.307(3).

In support of her request, the applicant provides copies of her 
DD Form 214, Certificate of Release or Discharge from Active 
Duty; DVA Rating Decision memorandum and various other 
documentation associated with her request.  

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

_________________________________________________________________

STATEMENT OF FACTS:

On 24 Jun 10, the applicant entered the USAFA in a cadet status.  

On 24 Jun 11, the applicant was separated from cadet status due 
to a voluntary resignation.  At the time of her resignation, she 
was on an Administrative Turnback and elected not to return to 
the USAFA.  She did not incur an Active Duty Service Commitment 
(ADSC) and received an honorable discharge.  

On 8 Feb 13, the DVA granted her service-connection for PTSD and 
Major Depressive Disorder with a 70 percent disability rating.  

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AIR FORCE EVALUATION:

The BCMR Medical Advisor recommends denial.  The Medical Advisor 
states that no AF Forms 469, Duty Limiting Condition Report or 
AF Forms 422, Physical Profile Serial Report were submitted by 
the applicant for the period of time she served on active duty.  
There were no personnel or service treatment records for the 
period of service from 24 Jun 10 through 24 Jun 11.  There are 
no documents that would substantiate an unfitting condition.  
Therefore, it appears that the applicant “voluntarily resigned” 
from the USAFA, rather than being turned back for administrative 
reasons.

The military Disability Evaluation System (DES), established to 
maintain a fit and vital fighting force, can by law, under Title 
10, United States Code (USC), can 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 for the degree 
of impairment present at the time of separation and not based on 
future occurrences.  

Operating under a different set of laws (Title 38, USC), 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, USC which governs the DVA compensation system, 
was written to allow awarding compensation ratings for 
conditions that were not unfitting for military service or at 
the time of separation.  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 applicant has not provided facts warranting the desired 
change of the record, nor met the burden of proof of an error or 
injustice. 

The complete BCMR Medical Advisor evaluation is at Exhibit C. 

USAFA/A1A recommends denial.  A1A states that the applicant in-
processed the USAFA with the Class of 2014 on 24 Jun 10, and was 
granted an Administrative Turnback for personal reasons.  

On 23 Aug 10, the applicant filed an unrestricted report with 
the USAFA Sexual Assault Response Coordinator (SARC) alleging 
she was raped by a fellow cadet on the evening of 21 Aug 10.  
Based on the responses from the USAFA support agencies that 
dealt with her case, they do not agree that she should be 
granted a full medical retirement from the Air Force.  

On 16 Nov 10, she physically departed the USAFA and was 
subsequently separated from the Air Force rolls effective 24 Jun 
11.  


The complete A1A evaluation, with attachments, is at Exhibit D.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 19 Sep 13, for review and comment within 30 days 
(Exhibit E).  As of this date, this office has not received a 
response. 

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We took notice 
of the applicant’s complete submission in judging the merits of 
the case and do not find that is supports a determination that 
the applicant was improperly discharged.  The applicant has not 
provided sufficient evidence which would lead us to believe that 
at the time of her discharge, a physical condition existed that 
was determined by competent medical authority to be a physical 
disability which specifically rendered her unfit for continued 
military service.  Therefore, we agree with the opinion and 
recommendation of the BCMR Medical Advisor and adopt his opinion 
as our findings in this case.  It appears the applicant believes 
the DVA’s decision to award her a disability rating, 
substantiates that she should have received a medical 
retirement.  However, we note that although the Air Force is 
required to rate disabilities in accordance with the DVA 
Schedule for Rating Disabilities, the DVA operates under a 
totally separate system with a different statutory basis.  In 
this respect, we note that under Title 10, United States Code, 
the Air Force rates a member’s disability at the time of 
separation and then based only on the degree of severity at that 
time; whereas, under Title 38, United States Code, the DVA rates 
for any and all service-connected conditions, to the degree they 
interfere with future employability, without consideration of 
fitness or whether the condition was the cause for the 
termination of the member’s career.  In the applicant’s case, at 
the time of her discharge there was no evidence that would 
substantiate she had an unfitting condition.  In view of the 
above, we conclude the applicant has not provided sufficient 
evidence such as personnel or medical treatment records to 
warrant disturbing the record.  However, should she provide 
medical treatment records to support her request, we would be 
willing to reconsider her request.  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 that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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-2013-00847 in Executive Session on 5 Dec 2013, under 
the provisions of AFI 36-2603:

				Panel Chair
      Member
			Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 Feb 13, w/atchs.
	Exhibit B.  Applicant's Available Personnel Records.
	Exhibit C.  Letter, BCMR Medical Advisor, dated 28 May 13.
	Exhibit D.  Letter, USAFA/A1A, dated 29 Aug 13, w/atchs.
	Exhibit E.  Letter, SAF/MRBR, dated 19 Sep 13.




							
							Panel Chair