RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01106
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His type of discharge be changed to reflect that he was medically
retired.
APPLICANT CONTENDS THAT:
Approximately one year after his last deployment to Iraq (23 Jan
06-17 Aug 07), he sought medical care with a civilian psychologist
because his significant other observed him being more irritable,
anxious and depressed as well as having nightmares, frequent
outbursts and drinking more alcohol. He did not divulge his
deployments to the psychologist.
The psychologist diagnosed him with bipolar disorder in 2010 and
he submitted the medical documentation to his command. He was
told by command since he was close enough to the end of his
enlistment, that he could finish it and be honorably discharged on
5 May 10. He was not informed that he could be medically retired
due to his psychiatric condition.
In August and December of 2013, he was admitted to two different
inpatient programs to treat PTSD. In January 2014, a conversation
with a fellow veteran, who was medically retired for PTSD,
convinced him to submit his request to the board. The Board
should find it in the interest of justice to consider his untimely
application because he is not bipolar, but has been diagnosed with
PTSD.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 10 Aug 00 the applicant entered the Air National Guard.
On 2 Oct 06, the applicant received an honorable discharge. He
was credited with 5 years and 6 months of active service.
AIR FORCE EVALUATION:
The BCMR medical consultant recommends denial. The applicant is
appealing for a medical retirement so there must be sufficient
medical evidence to support the appeal. The burden of proof lies
with the applicant to supply sufficient evidence of an unfitting
physical or mental health condition that was present at the time
of the separation from military service and represented the reason
for service termination. Apart from the absence of supporting
medical documentation during the period of service, there were no
DVA records for review for service connection. Hence, the
reviewer concludes that the applicants level of job performance
(absence of unsatisfactory EPRs or fitness profiles) and ability
to perform his assigned duties was at a satisfactory level and any
mental or physical condition present was not the reason for
service termination or impaired his ability to perform his
assigned task. Furthermore, the reviewer notes the reenlistment
eligibility code 6C which is consistent with the reenlistment
under review. Had the applicant been separated due to a medically
disqualifying condition, the reenlistment eligibility code would
likely have been designated as 6P (medically disqualified) or 6J
(ineligible to re-enlist). Thus, the medical reviewer concludes
that there was no unfitting physical or mental health condition of
a sufficient degree which either was the cause of service
determination or represented a disqualifier for re-enlistment
consideration.
The military Disability Evaluation System (DES), established to
maintain a fit and vital fighting force, can by law, under Title
10, United States Code (U.S.C.), only offer compensation for those
service incurred diseases or injuries which specifically rendered
the member unfit for continued military service and were the cause
of career termination; and then only for the degree of impairment
present at the time of separation and not based on future
occurrences. However, operating under a different set of laws,
Title 38, U.S.C., 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 retainability, fitness to service or the narrative
reason for release from military service. The DVA is also
empowered to conduct periodic reevaluations for the purpose of
adjusting the disability rating award as the level of impairment
from a given medical condition may vary over the lifetime of the
veteran.
The complete BCMR medical consultant evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 24 Nov 14 for review and comment within 30 days (Exhibit D).
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
and adopt its 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.
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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01106 was considered:
Exhibit A. DD Form 149, dated 14 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, Medical Consultant, dated 21 Oct 14
Exhibit D. Letter, SAF/MRBR, dated 24 Nov 14.
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