RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04037 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He recently has been diagnosed with Post Traumatic Stress Disorder (PTSD) and believes this condition should have been considered at the time of his discharge. In support of his appeal, the applicant provides copies of documents extracted from his military personnel records and his Department of Veterans Affairs (DVA) rating decision. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 11 Dec 62, the applicant contracted his initial enlistment in the Regular Air Force. On 29 Sep 70, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unsuitability. The specific reason for the discharge action was on or about 21 Sep 70, the applicant underwent a psychiatric examination which revealed he had a passive aggressive personality, passive dependent type with periodic excessive alcoholic use. Said evaluation indicated there was no evidence of a mental illness which would make him eligible for processing under AFR 35-4. In the notification for discharge, the commander cited the following derogatory information: a. On 29 Jun 70, the applicant received an Article 15 for failure to go at the prescribed time to his appointed place of duty on 2 Jun and 21 Jun 70. For this his punishment consisted of reduction in rank (suspended) and forfeiture of pay. b. On 17 Sep 70, he received an Article 15 for failure to go to at the prescribed time to his appointed place of duty, and being drunk and disorderly on station. For this his punishment consisted of reduction in rank, forfeiture, and base restriction. On 29 Sep 70, after consulting with legal counsel, the applicant acknowledged receipt of the action, waived his rights to an administrative discharge board, and elected to submit a statement for the discharge authority’s consideration. On 2 Oct 70, the discharge authority directed the applicant be furnished a general discharge without probation and rehabilitation. On 5 Oct 70, the applicant was furnished a general (under honorable conditions) discharge and was credited with 7 years, 9 months, and 25 days of active service. Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., indicated on the basis of the data furnished they were unable to locate an arrest record (Exhibit C). On 15 Feb 12, the applicant was sent a request for post-service information for review and response within 30 days. In response, the applicant states that since his discharge, he stopped drinking and began rebuilding his life. He is an active member of the Citizen Potawatomi Veterans Association. He is working with the staff at the veterans’ hospital to control his PTSD. He regrets not seeking help in 1970 and requests his discharge be upgraded based on clemency. The applicant’s complete response is at Exhibit D. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends denial noting the applicant has not met the burden of proof of error or injustice that warrants the desired change of the record. The Medical Consultant found no evidence of an error or injustice in the actions taken that resulted in the applicant's discharge or his service characterization. The Medical Consultant further notes that current policies direct that mental evaluations be conducted by a psychiatrist or PhD-level psychologist before recommending separation of individuals with a diagnosis of Personality Disorder, who have also been exposed to combat in Afghanistan or Iraq, e.g., suffered possible traumatic brain injury. By analogy, the applicant's Vietnam experiences are taken into consideration. However, no evidence has been provided to indicate that the applicant experienced any impending signs or symptoms of PTSD or other compensable mental disorder at the time of separation. Under Title 10, U.S.C., military departments offer compensation for a qualifying medical condition, under AFM 35-4, when it causes career termination; and then based on the degree of impairment present at the "snap shot" time of final military disposition, and not on future occurrences. In this instance, the symptoms of PTSD may be delayed for months to years following exposure to a qualifying "traumatic event." The Department of Veterans Affairs (DVA) has established a nexus between the applicant's PTSD symptoms, diagnosed some forty years following his release from a second period of active service. This does not invalidate the accuracy of his clinical diagnosis nor redefine his pattern of behavior at the time of discharge. Also, under Title 38, United States Code, the DVA is authorized to offer compensation for any medical condition established as service connected, regardless of intervening time since discharge, its impact upon a member's retainability, or the actual narrative reason for separation. The DVA also conducts periodic re-evaluations for the purpose of adjusting the disability rating as the level of impairment from a given medical condition may vary over the lifetime of the veteran. The AFBCMR Medical Consultant’s complete evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 18 Jun 12, for review and comment within 30 days. 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 applicant’s complete submission in judging the merits of the case, but agree with the opinion and recommendation of the AFBCMR Medical Consultant and adopt his rationale as the basis for our conclusion the 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-2011-04037 in Executive Session on 26 Jul 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Oct 11, w/atchs. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. Negative FBI Report. Exhibit D. Letter, AFBCMR dated 15 Feb 12, w/atch. Exhibit E. Letter, Applicant, undated, w/atch. Exhibit F. Letter, AFBCMR Medical Consultant, dated 15 Jun 12. Exhibit G. Letter, AFBCMR, dated 18 Jun 12, w/atch.