RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00712
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Her honorable discharge be set aside and she be awarded a disability discharge.

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APPLICANT CONTENDS THAT:

After serving for four and one half years in the Air Force (AF), on 25 June 1999, she was involved in a severe car accident.  As a result of the accident she sustained a head injury, a left dead ear, collapsed lung, a fractured left hip and many other injuries.  She agreed to speak with a psychiatrist due to memory loss, lack of sleep, and many headaches.  The psychiatrist administered a test that she refused to complete as the test asked questions about her past.  Therefore, she scored at a 3rd or 4th grade level IQ and was told she was unfit to serve her country due to the low IQ and a mental disorder.  She argues that she scored high on her Armed Services Vocational Aptitude Battery (ASVAB) test prior to entry on active duty.  Her ASVAB scores should dispel any doubt as to her IQ level.  She contends she was administratively discharged because she entered active duty with a preexisting low IQ and mental disorder.  She has worked to overturn the administrative discharge and have it changed to a medical discharge based on her performance prior to her accident and her injuries received as a result of the accident.  She contends she was told, when signing her discharge, she could put in a rebuttal.  She did so and recently found out the AFBCMR had not received it.

In support of her appeal, the applicant has provided a personal statement, copies of a court order showing a recent name change, her administrative discharge package, a DD Form 214, Certificate of Release or Discharge from Active Duty, and a request for her congressman, through SAF/LLI, to help her change her type of discharge.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force effective 6 September 1995.  She was disciplined for writing checks with insufficient funds in May and June 1999 (10 checks between 4 May 99 and 20 Jun 99 totaling over $1400), failure to maintain sufficient funds, and failure to pay just debt (between June and August 1999).  An Enlisted Performance Report (EPR) closing out 31 Dec 99 indicated financial irresponsibility prior to Jan 99 and stated that “…financial irresponsibility has followed her from a previous assignment and she has not taken the proper steps to correct problems.”  On 25 Jun 99, she was involved in a serious automobile accident in which she sustained a concussion, a collapsed lung, and a pelvic fracture.  She was hospitalized, in intensive care, from 25 Jun through 1 Jul 99 and was then placed on convalescent leave until 2 Aug 99.  In Sep 99, she bounced another check and received non-judicial punishment.  On 16 Nov 99, she was referred for a mental health evaluation.  The evaluation summarized a history of numerous physical complaints without medical explanation since entering active duty and noted a significant childhood history of severe abuse and possible history of an eating disorder.  She was diagnosed with a Somatoform Disorder coupled with a borderline intellectual function and a histrionic personality trait.  Her condition at the time was not considered serious enough to warrant disability processing.  In Dec 99, she was diagnosed with Graves Disease (a form of hyperthyroidism) that was ultimately treated with surgery.  She was administratively separated on 18 February 2000 due to unsuitability.  She had served four years, five months and thirteen days at separation.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends no changes be made to the applicant’s records.  Evidence of record shows the applicant demonstrated symptoms of somatoform disorder before the MVA.  Post MVA, the condition was not thought severe enough to warrant referral to the disability evaluation system.  However, the attending psychologist did argue that the condition was incompatible with continued military service in combination with her unsuiting maladaptive personality traits (Histrionic) and her intellectual functioning.  The post service DVA rating of zero percent would appear to confirm this impression but it must be noted the applicant did fail to show for a rating mental health examination.  While DVA records show a continued complaint of her somatoform disorder, they seem to be of lesser frequency and severity than those experienced while on active duty.  

The onset of the applicant’s misconduct, including financial irresponsibility, predated the MVA.  Because of the results of the mental health evaluation, her commander, instead of a general discharge for misconduct, opted to discharge her for unsuitability with an honorable discharge and set aside her non-judicial punishment.  The Medical Consultant states action and disposition in her case were proper and equitable reflecting compliance with Air Force directives that implement the law.

The Medical Consultant’s complete evaluation is at Exhibit C.

AFPC/DPPD recommends denial. DPPD notes that Department of Defense (DoD) policy states personality and adjustment disorders do not constitute a physical disability under the provisions of federal disability laws and policy, and are not ratable or compensable under Title 10, United States Code (U.S.C.).  These conditions are considered unsuiting rather than unfitting.  The applicant has not submitted any material or documentation to show an injustice occurred during her involuntary administrative discharge. 

DPPD’s complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states she joined the military in order to make a career of it.  After the car accident she was hoping for some time to heal and was shocked to learn she was lucky to be alive.  She states there is no evidence her mental disorder existed prior to her accident and contends the mental disorder is a product of the accident.  She does not agree with the assertion that, after her mental health evaluation, she was found to have a 3rd or 4th grade IQ level.  She attended college successfully, was promoted to Senior Airman, and passed her initial ASVAB tests to gain entry into the AF.

She would like to be considered for permanent retirement through the AF since they have deemed her medical problems as permanent and stable but she is no longer able to serve her country as a result.  She hopes to have a decision soon as this is her third attempt to correct her records.

Applicant’s complete response, with attachments, is at Exhibit F.

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THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After reviewing the evidence of record, we are not persuaded the applicant should have been discharged for physical disability.  Her contentions are duly noted; however, the detailed comments provided by the Chief Medical Consultant, in our opinion, accurately addresses her allegations.  Therefore, we are in agreement with the opinions and recommendation of the Medical Consultant and adopt his rationale as the basis for our conclusion that the applicant has not been the victim of either an error or an injustice.  In view of the above findings, we find no basis upon which to provide favorable action on this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2003-00712 in Executive Session on 6 November 2003, under the provisions of AFI 36-2603:

	Vice Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Feb 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 31 Jul 03.
    Exhibit D.  Letter, AFPC/DPPD, dated 24 Sep 03.
    Exhibit E.  Letter, SAF/MRBR, dated 3 Oct 03.
    Exhibit F.  Letter, Applicant, dated 20 Oct 03, w/atchs.

                                   
                                   Vice Chair