RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-04050
		INDEX CODE: 110.02
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The narrative reason for separation on her DD Form 214, Certificate of Release or Discharge from Active Duty be changed from “Disability, Existed Prior to Service, PEB” to "disability caused by service."

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APPLICANT CONTENDS THAT:

The military caused her disability.  It affected her personal life, confidence, sense of self and she had to seek mental health treatment.  She was devastated by the treatment received at work.  Her physician stated it was in her best interest to separate from the military, because her deployment had pushed her past an operable level.  She requested a medical separation; however, the Medical Evaluation Board (MEB) stated her medical conditions were “pre-existing".  She appealed to the Physical Evaluation Board (PEB); they too stated “preexisting.”  Her disability has persisted and she continues to be tormented by the Air Force's stance on this issue.

In support of her request, she provides a personal letter, a copy of her marriage license/certificate, driver's license, DD Form 214, Department of Veteran Affairs (DVA) Rating decision, character reference letters and various documents extracted from her medical records. 

Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 21 July 1999.  

On 22 October 2003, an Informal Physical Evaluation Board (IPEB) reviewed her case and recommended discharge under other than Chapter 61, 10 U.S.C., Existed Prior to Service (EPTS).  The IPEB noted she had chronic depression/anxiety since the age of 13.  She disagreed with the findings and appeared before the Formal Physical Evaluation Board (FPEB) with counsel.

On 19 December 2003, the FPEB examined the evidence and recommended discharge under other than Chapter 61.

On 8 March 2004, she was honorably discharged in the grade of senior airman (E-4) for a major depressive disorder associated with anxiety disorders, Existed Prior to Service (EPTS), without service aggravation.  Her narrative reason for separation reflects "Disability, Existed Prior to Service, PEB."  She served 4 years, 7 months and 18 days on active duty.

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AIR FORCE EVALUATION:

HQ AFPC/DPSD recommends denial.  DPSD states the FPEB made the following remarks: “When asked about having depression and suicidal ideation prior to entering service, she testified she was down because of situational issues.  She has a documented history of depressive symptoms and suicidal ideation before entering active duty.  A 20% deduction was given for her personality disorder."  On 22 December 2003, she disagreed with the findings of the FPEB and elected not to submit a rebuttal.  The preponderance of evidence reflects that no error or injustice occurred during the disability processing or at the time of her separation.

The complete DPSD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9 May 2008 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends approval.  The Medical Consultant states the record reflects that the applicant has experienced depression and anxiety since the age of 13.  Although she reportedly was never diagnosed or specifically treated for a mental condition prior to entering military service, sound medical principals would suggest that the set of symptoms experienced by her in response to external stressors after entering military service and the mental health history she described prior to military service, are likely manifestations of the same underlying, or baseline, mental and character structure.  Had her long-standing mental health history been disclosed at the time of her pre-service medical assessment, it is likely she would not have been accepted into active military service; or at best would have required a waiver for entry into military service.  Nonetheless, the Medical Consultant considered the merits of establishing service connection for her medical conditions, noting her “5” enlisted performance report ratings predating the exacerbation of her occupational and marital issues in February 2002.  This finding, thus gives initial pause of the possibility that some element of service aggravation may have indeed occurred.  The Medical Consultant acknowledges that a depressed mood or periods of anxiety may be considered normal occurrences during adolescent development, and that she may not have considered these reportable at the time she completed her pre-enlistment documents.  However, the unquoted phrase appearing in her MEB summary, citing her symptoms since age 13 leads one to believe that her disturbances were more of a chronic nature, bordering on a formal diagnosis had she sought medical treatment.  Therefore, any conclusions for rendering the benefit of doubt in her favor should also take into account the possible permanent aggravation by military service, but also her willful failure to disclose her chronic symptoms of depression and anxiety prior to acceptance into active military service.  Thus, it may be difficult to determine where the injustice, if any, lies in this case.  Based upon a collective preponderance of medical evidence, establishment of service connection through permanent service aggravation is recommended, which, if accepted by the Board, should result in discharge with severance pay and a 10% disability rating. 

The complete Medical Consultant evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10 June 2008 for review and comment within 30 days.  As of this date, this office has received no response (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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action.  The applicant was discharged from the Air Force due to a medical condition that was determined to have existed prior to entering military service.  The determination was made during processing through the disability evaluation system that there was no evidence of permanent service aggravation of her condition.  The BCMR Medical Consultant disagrees with that determination and we agree with his assessment.  In this respect, the evidence of record shows that the determination that her condition was EPTS was not the result of a clinical diagnosis or treatment but of her admission of having experienced the associated symptoms during adolescence.  During the earlier portion of her career there appears to be no sign of the symptoms associated with her condition or that the condition inhibited her ability to serve.  Her records clearly show that she was able to perform her assigned duties in an outstanding manner.  However, symptoms of the condition did not appear until several years into her career and appears to have been exacerbated by occupational and social issues coincidental with military service.  Therefore, it is our opinion that reasonable doubt has been established as to the accuracy of the determination that her condition was not permanently aggravated by military service.  Accordingly, we believe any doubt should be resolved in her favor and that her records should be corrected to show that she was separated by reason of physical disability with severance pay as recommended by the BCMR Medical Consultant.  Therefore, we recommend that her records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

Pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

	a.  On 19 December 2003, she was found unfit to perform the duties of her office, rank, grade, or rating by reason of physical disability, incurred while she was entitled to receive basic pay; that the diagnosis in her case was major depressive disorder, VASRD Code 9434, rated at 10%; that the compensable percentage was 10%; that the degree of impairment was permanent; that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of unauthorized absence; and that the disability was not received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war.

	b.  On 8 March 2004, she was honorably discharged by reason of physical disability, with entitlement to disability severance pay.

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The following members of the Board considered AFBCMR Docket Number BC-2007-04050 in Executive Session on 25 June 2008, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-04050 was considered:

 Exhibit A.  DD Form 149, dated 30 November 2007, w/atchs. 
 Exhibit B.  Applicant's Master Personnel Records.
 Exhibit C.  Letter, AFPC/DPSD, dated 11 April 2008.
 Exhibit D.  Letter, SAF/MRBR, dated 9 May 2008.
 Exhibit E.  Letter, BCMR Medical Consultant, dated 27 May 2008.
 Exhibit F.  Letter, SAF/MRBR, dated 10 June 2008.

                                   

Office Of The Assistant Secretary

AFBCMR BC-2007-04050

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

		a.  On 19 December 2003, she was found unfit to perform the duties of her office, rank, grade, or rating by reason of physical disability, incurred while she was entitled to receive basic pay; that the diagnosis in her case was major depressive disorder, VASRD Code 9434, rated at 10%; that the compensable percentage was 10%; that the degree of impairment was permanent; that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of unauthorized absence; and that the disability was not received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war.

		b. On 8 March 2004, she was honorably discharged by reason of physical disability, with entitlement to disability severance pay.

	

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency