RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00612
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
APPLICANT REQUESTS THAT:
Her narrative reason for separation (Item 28) on her DD Form
214, Certificate of Release or Discharge from Active Duty be
corrected to reflect Post-Traumatic Stress Disorder (PTSD),
instead of Personality Disorder.
APPLICANT CONTENDS THAT:
She does not have a personality disorder; she has been given a
seventy percent rating for her PTSD by the Department of Veteran
Affairs (DVA) for a Military Sexual Trauma (MST). She was
unfairly given a medical narrative without having the
opportunity to meet a Medical Evaluation Board (MEB) and it has
affected her military record. She has been unjustly deprived of
several government related job opportunities and been subjected
to discrimination while pursuing her education. Had she been
able to meet an MEB and receive a medical discharge, her
opportunities would be different.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
29 Aug 01.
On 5 Jun 03, the applicants commander notified her that he was
recommending her discharge for a condition that interferes with
military service; specifically, for mental disorders. The
reason for the action was that, on 7 Apr 03, the Chief, Mental
Health Services, diagnosed the applicant with an Adjustment
Disorder with Depressed Mood, in remission, Occupational
Problems (job dissatisfaction), Personality Disorder Not
Otherwise Specified with Borderline, Histrionic, and Dependent
Features (Principal Reason for Hospitalization/Psychiatric
Intervention), Status post self-inflicted wrist lacerations,
healed without complications, and Stressors: Axis II diagnosis,
and current military duty.
On 5 Jun 03, the applicant acknowledged receipt of the
notification of discharge and was advised of her right to
consult with legal counsel and submit statements on her own
behalf.
On 23 Jun 03, the discharge authority concurred with the
commanders recommendation and directed that she be honorably
discharged.
On 26 Jun 03, the applicant was discharged with an honorable
characterization of service and given a narrative reason for
separation of Personality Disorder and was credited with one
year and ten months of active service.
The remaining relevant facts pertaining to this application are
contained in the memoranda prepared by the Air Force offices of
primary responsibility (OPR), which are attached at Exhibits
C, D, and F.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of
an error or injustice in the processing of the applicants
discharge, to include the SPD code, the narrative reason for
separation, and the character of service. The applicant went
through a mental health evaluation with a military psychiatrist
and was diagnosed with Axis I-adjustment disorder with depressed
mood, in remission, occupational problems (job dissatisfaction),
Personality Disorder not otherwise specified with Borderline,
Histrionic, and Dependent Features (Principle reason for
hospitalization/psychiatric intervention), Status post self-
inflicted wrist lacerations, healed without complications, and
stressors: Axis II diagnosis and current military duty. The
psychiatrist determined that this personality disorder was so
severe that it significantly and substantially impaired her
ability to function effectively in a military environment. The
applicants mental health evaluation stated the diagnosis did
not meet retention standards for continued military service.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
AFBCMR Medical Consultant recommends denial of the applicants
request to be granted a Medical Evaluation Board (MEB) and
removal of the personality disorder diagnosis. The applicant
stated she was provided a rating from the Department of Veteran
Affairs (DVA) for a diagnosis of PTSD caused by a military
sexual trauma (MST). She was evaluated by the Life Skills
Support Center after her suicidal event and hospitalization.
The hospitalization was not caused by a medically disqualifying
psychiatric condition, as described in AFI 48-123, Medical
Examinations and Standards, or significant severity to warrant
disability processing or an MEB for continued active duty
service. The level of functional impairment was not of
sufficient degree to adversely affect the applicants ability to
perform her assigned duties necessitating an MEB. After a
thorough review of the applicants medical documentation,
reviewing approximately five discussions with mental health life
skills professions, no mention of a sexual or physical assault
was identified in documentation provided. The applicant
submitted a five page response after she received notification
from her commander of an impending administrative discharge.
Again, no mention was made of physical or sexual
assault/misconduct that occurred during her military service.
There was no documentation found in the applicants submission
or military records that would support a diagnosis of PTSD
caused by sexual trauma. If the diagnosis of PTSD was evident,
it was not of a sufficient degree to impair the applicants
ability to perform duties commensurate with her rank or grade.
The DVA is authorized to offer compensation for any medical
condition with an established nexus with military service,
without regard to its proven or demonstrated impact upon a
members retain ability, fitness to serve, or the narrative
reason for release from service. The DVA may also conduct
intermittent reevaluations for the purpose of modifying the
disability rating award as the level of impairment from a given
medical condition may improve or worsen over the lifetime of the
veteran.
A complete copy of the AFBCMR Medical Consultant evaluation is
at Exhibit D.
AFBCMR Clinical Psychology Consultant recommends denial
indicating there is no evidence of an error or injustice that
incurred when the applicant was administratively discharged from
the Air Force with a narrative reason of Personality Disorder.
There is no record of PTSD in the applicants medical records
supplied for this case nor is there a description of a traumatic
experience aside from the events that led to her psychiatric
hospitalization in Dec 2002. It was observed that the
applicants report of symptom etiology subsequent to inpatient
treatment was always focused on her work dissatisfaction, with
no reference to a trigger event in the form of a traumatic
experience. The applicant has contended that she was discharged
for a mental health condition without being permitted to first
having an MEB. IAW DoD Instruction 1332.38 Disability
Evaluation System, (in effect at the time of the applicants
discharge) in order for the applicant to have been entered into
the disability evaluation system (DES) she must have met
criteria for such a referral as listed in Enclosure 3 Part 2 of
the instruction. First and foremost, she must have been
determined to suffer from a disability. Enclosure 2 paragraph
1.25. of the instruction defines a physical disability as Any
impairment due to disease or injury, regardless of degree, that
reduces or prevents an individual's actual or presumed ability
to engage in gainful employment or normal activity. The term
physical disability includes mental disease, but not such
inherent defects as behavioral disorders, adjustment disorders,
personality disorders, and primary mental deficiencies. The
applicants service treatment record contains diagnoses of a
personality disorder and adjustment disorder from the start of
treatment through termination. An independent review, conducted
at the applicants request, verified the appropriateness of the
recommendations made by her treating psychiatrist.
The Military Department operates under Title 10, United States
Code (U.S.C.), and must base its actions upon evidence available
at the snap shot in time of final military disposition. The
medical records reviewed for this case, which document the
applicants functioning during military service and at the time
of discharge, do not support the presence of a mental health
condition meeting criteria for initiating DES processing as
listed in DoD Instruction 1332.38. Her mental health diagnoses
at discharge were not eligible for MEB review as described in
AFI 48-123, Medical Examinations and Standards, but were
potentially unsuitable for continued military service, making
her vulnerable to administrative separation.
The DVA operates under a different set of laws (Title 38,
U.S.C.), with a different purpose, and is authorized to offer
service connection and compensation for any medical condition
for which it has established a nexus with military service
regardless of the narrative reason for separation or the length
of time transpired since discharge. The DVA is also able to
conduct periodic reassessments of a veterans medical condition
and adjust its ratings based on the progression of a disability.
In keeping with this mission, the applicant reported receiving a
compensable rating for a mental health condition despite the
passage of nearly a decade following discharge from military
service. In sum, a post-service VA rating does not equate to a
Military Department conclusion that a Service member required a
DES processing at the time of discharge.
A complete copy of the AFBCMR Clinical Psychology Consultant
evaluation is at Exhibit F.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 30 Oct 14 and 15 Jun 15, for review and comment
within 30 days (Exhibits E and G). 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 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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and the AFBCMR Medical and Clinical Psychology Consultants
and adopt their rationale as the basis for our conclusion the
applicant has not been the victim of an error of injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the requested relief.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
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-2014-00612 in Executive Session on 11 Aug 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00612 was considered:
Exhibit A. DD Form 149, dated 29 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 10 Apr 14.
Exhibit D. Memorandum, BCMR MED CONSLT, dated 22 Oct 14.
Exhibit E. Letter, SAF/MRBR, dated 30 Oct 14.
Exhibit F. Memorandum, BCMR CLIN PSYCH CONSLT, dated 9 Jun
15.
Exhibit G. Letter, SAF/MRBR dated 15 Jun 15.
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