RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01199 COUNSEL: HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be medically retired. 2. His narrative reason for separation of personality disorder be changed. ________________________________________________________________ APPLICANT CONTENDS THAT: He should have been medically retired for his disabilities, which occurred during active duty service. He suffers daily with Fibromyalgia, Migraines, Depression, Shingles, and Anxiety, all of which occurred while he was serving in the military. His medical problems were not properly treated and it was not until he was treated by multiple civilian medical providers that he received the care he needed. When he served as a recruiter his problems became too much for him to handle, so he was placed in a medical/mental facility for three months. At that time, he was abruptly discharged without regard to his medical situation. He did not receive an exit physical and believes he fell through the cracks of the Military Disability Evaluation System (MDES) process. In support of his appeal, the applicant provides a personal statement; copies of medical documents; his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with 22 Dec 05 discharge; letters of support from family and friends, and other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant reenlisted in the Regular Air Force, on 29 Mar 05, in the grade of staff sergeant. On 13 Dec 05, the squadron commander notified the applicant of administrative discharge action for conditions that interfere with military service: mental disorders – personality disorder. The specific reasons for the proposed action was that on or about 7 Oct 05, the applicant was diagnosed with an adjustment disorder with depressed mood and a personality disorder which significantly impaired his adaptability to function in the military. On that same date, the applicant acknowledged receipt of the discharge notification, and waived his right to consult counsel and to submit statements in his own behalf. The Assistant Staff Judge Advocate found the case file legally sufficient to support separation and recommended an honorable discharge, without probation and rehabilitation (P&R). The discharge authority approved the honorable discharge, without P&R. The applicant was discharged, on 22 Dec 05, by reason of personality disorder, with service characterized as honorable. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOS recommends denial, stating, in part, that based on the documentation on file in the master personnel records, the discharge to include the narrative reason for separation and type of separation was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. DPSOS found no evidence of an error or injustice in the processing of the applicant's discharge. The applicant's mental health examination indicated his personality style was characterized by rigidity and an inflexible moralistic approach which significantly interferes with completion of his current duties. The applicant's personality style was particularly problematic in his current working environment but was not problematic in the environment of his previous career field. The conflicts between the applicant's personality and his environment resulted in the high level of distress and symptoms of depression. The applicant's personality disorder made it difficult for him to assimilate into the military environment. The applicant's personality disorder also made him unstable and unreliable for service with resultant occupational disturbance. The applicant's Adjustment Disorder with Depressed Mood was characterized by severe depressive symptoms to include thoughts about suicide which significantly interfered with functioning in completion of his duties. The applicant's disorder was a function of the interaction between his personality and the military environment. The report also states the adjustment disorder complicated by his personality disorder was sufficiently severe that the applicant's ability to function in the Air Force environment was significantly impaired and interfered with his performance of duty. The applicant was considered at risk for worsening symptoms in the context of further military service, and it was recommended that he be administratively separated from the Air Force. The complete AFPC/DPSOS evaluation is at Exhibit C. The BCMR Medical Consultant recommends denial. The MDES was established to maintain a fit and vital fighting force, and by law, under Title 10, United States Code (U.S.C.), 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 changes. Although the applicant's service records reflect that he received episodic evaluation and treatment for a number of medical conditions during his military service, e.g., olecranon bursitis, sore throat, headaches, flank pain, right hand tingling, and gastroenteritis, which he implicitly attributes to the exposures during military service (Anthrax vaccine and hazardous materials), the Medical Consultant opines the evidence is insufficient to reflect that either of the aforementioned reported clinical diagnoses, either individually or collectively, interfered with his ability to perform military service to a degree that warranted processing through the MDES for a medical separation or retirement. Attention is directed to governing authority, under Cause and Effect Relationship, which may further explain the likely reason the applicant may not warrant a medical separation or retirement, which reads, "Regardless of the presence of illness or injury, inadequate performance of duty, by itself, shall not be considered as evidence of unfitness due to physical disability unless it is established that there is a cause and effect relationship between the two factors." The Medical Consultant found no cause and effect relationship between the applicant's collection of symptoms experienced during military service, and which he retrospectively attributes to exposures during military service, and a more appropriate medical reason for career termination. The Consultant acknowledges that the applicant is likely to receive service connection and compensation by the Department of Veterans Affairs (DVA) for conditions considered to have occurred incident to or during his period of military service. However, the applicant is advised that the DVA, operating under a different set of laws with a different purpose (Title 38, U.S.C.), is authorized to offer compensation for any medical condition determined service incurred or aggravated, without regard to [and independent of] its proven or demonstrated impact upon a member's retainability, fitness to serve, or narrative reason for release from military service. The DVA is also empowered to conduct periodic re-evaluations for the purpose of adjusting the disability rating (increase or decrease) as the level of impairment from a given medical condition may vary (worsen or improve) over the veteran's lifetime. With respect to the narrative reason for the applicant's discharge, the Medical Consultant has no evidence, e.g., psychiatric evaluations or objective personality assessments, to refute this diagnosis of Personality Disorder as inaccurate or inappropriate; notwithstanding the compelling evidence that the applicant likely displayed no such findings impacting duty during his preceding service (1999-2004) in the fuels career field, as reflected in his EPRs. The Consultant also does not have the medical documentation of the applicant's reported mental health care x 3 months, nor any of the accompanying clinical behavioral history that resulted in his administrative separation upon which to offer any useful comment. Therefore, the Consultant opines the applicant has not met the burden of proof of an error or injustice that warrants the desired change of the record. The complete BCMR Medical Consultant evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluation were forwarded to the applicant on 28 Oct 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendation of the Air Force office of primary responsibility and the BCMR Medical Consultant, and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, 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 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-2011-01199 in Executive Session on 5 January 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Mar 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 11 Jul 11. Exhibit D. Letter, BCMR Medical Consultant, dated 20 Oct 11. Exhibit E. Letter, SAF/MRBR, dated 28 Oct 11. Chair