RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04312 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be given a 30 percent or more disability rating for her service-connected conditions. ________________________________________________________________ APPLICANT CONTENDS THAT: She was told that she was being medically boarded but was never rated. She was hospitalized for 30 days in a mental hospital and was diagnosed with bipolar disorder and post-traumatic stress disorder (PTSD). She did not finish her training as indicated on her DD Form 214, Certificate of Release or Discharge from Active Duty. She spent the last few months of her time in service heavily medicated. She was put on a suicide watch and made to see a therapist until she was discharged. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to copies of documents extracted from the Automated Records Management System (ARMS), the applicant is a former member of the Air National Guard (ANG) who enlisted on 14 January 2004 and was separated on 13 January 2007, under the provisions of AFI 36-3209 Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, (dated 14 Apr 05), for Involuntary Expiration Term of Service (ETS). The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: 1. The AFBCMR Medical Consultant recommends denial. The Medical Consultant states the applicant has not met the burden of proof of error or injustice that warrants the desired change of the record. 2. The applicant supplied 1600 pages of medical and military records to support her contentions. The records contain a bountiful supply of medical history intakes, usually in the form of an SF93. The medical intake specifically solicits “have you ever attempted suicide,” and “do you have a nervous disorder of any type.” The applicant, on all available documents, consistently denied any such problems or events. On 4 September 2002, on her enlistment physical for the Air National Guard, again the applicant clearly denied any “suicidal history, nervous disorder or hospital admission,” except for extraction of her wisdom teeth. The applicant in a 1999 exam, again, denied a history of “ever attempting suicide” and also states “I tend to get depressed whenever I'm away from my children for longer than a day.” 3. In reviewing the applicant's medical notes, she presents with a history of suicidal ideation, a suicidal attempt and multiple psychiatric admissions. On 6 December 2005, the first presentation to the Life Skills Clinic, the applicant noted experiencing suicidal ideation related to multiple stressors. These stressors included her husband being deployed for one year in support of OPERATION IRAQI FREEDOM (OIF) (she was fearful for his safety and became depressed when she thought about losing him), an ongoing custody battle with her first husband over her youngest daughter and job dissatisfaction. The applicant stated that “she does not like Active Duty and would like to be discharged quickly.” 4. While meeting with the Medical Evaluation Board (MEB), on 22 December 2005, the applicant reported attempting suicide by overdosing with pills when she was 15 years old. At this same interview the applicant stated that she was born in Liberia, West Africa and moved to the United States at age 9. She witnessed and experienced traumatic events as a child. The applicant reports that she lost 2 brothers during the civil war in Liberia. She reports physical abuse from her mother from ages 8-17 years old. In addition she reports a history of numerous sexual abuses to include her mother's boyfriend, cousin and uncle. The applicant also states that she was placed in foster care for 1-year while growing up. On a Department of Veterans Affairs (DVA) evaluation the examiner notes “her PTSD is the result of childhood trauma and is exacerbated by her husband's deployments to Iraq.” 5. In February 2006 a Line of Duty Determination (LOD), AF Form 348, was completed as “EPTS-Service Aggravated.” On 7 August 2006, the president of the USAF Physical Evaluation Board, requested that the ANG review the applicant's case and provide a final LOD for their consideration in the board, in view of the situation and poor quality of the LOD. “The IPEB found the LOD questionable and did not see sufficient evidence to support, that the member's medical condition was exacerbated by military service. Per DODI 1332.38 Physical Processing, paragraph E2.1.32, service aggravation is defined as permanent worsening of a pre-service medical condition over and above the natural progression of the condition caused by trauma or the nature of military service.” The MEB convened on 20 June 2006 and found the applicant diagnosed with Bipolar Affective Psychoses, Psychoneuroses, “EPTS and Not Permanently Aggravated by Service.” 6. In Neuropsychological testing done by the DVA on 24 January 2008, the attending doctor noted: “There are several inconsistencies in the personal history she provided, which differ from historical information she has provided to other evaluators. The Neuropsychological assessment with the applicant was discontinued, following administration of tests of motivation indicating that she not only failed to put forth her best efforts, but was likely exaggerating or malingering her symptoms. Specifically her profile is classified as “Type II Symptom Exaggerator,” it is highly unlikely that even an individual who sustained a severe brain injury would perform this poorly in the absence of exaggeration or malingering issues.” The applicant's performance indicates she is likely deliberately provided wrong answers. 7. The Medical Consultant concurs with the DVA findings that the applicant’s PTSD is the result of “childhood trauma”. The applicant noted experiencing suicidal ideation related to multiple “stressors” as mentioned above in the applicant’s interview at the Life Skills Center in December 2005. These “stressors” are not particular to military service and do not appear to be caused by the trauma or the nature of her military service. It appears that the applicant entered the military with a long term (chronic) condition that, at times, have had some very bad periods (acute exacerbations). The medical consultant opines that these “stressors” were tenuously related to military service, and did not permanently exacerbate a pre- existing condition. 8. The Medical Consultant fully concurs with the IPEB and the Air National Guard that the LOD determination on this applicant should be Line of Duty-Existed Prior to Service-Not Applicable (LOD-EPTS-N/A). It should also be noted that the DVA may not be aware of the final LOD disposition of EPTS-N/A and acted within its authority to assign service-connection despite the acknowledgement of references to an EPTS condition and the possible malingering during a Compensation and Pension examination. The complete AFBCMR 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 5 March 2013 for review and comment within 30 days (Exhibit D). To date, a response has not been received. ________________________________________________________________ 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 opinion and recommendation of the BCMR Medical Consultant and adopt his 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 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. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 18 June 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered in AFBCMR Docket Number BC-2012-04312: Exhibit A. DD Form 149, dated 13 October 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR Medical Consultant, dated 27 February 2013. Exhibit D. Letter, SAF/MRBC, dated 5 March 2013. Dear: Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2012-04312. After careful consideration of your application and military records, the Board determined that the evidence you presented did not demonstrate the existence of material error or injustice. Accordingly, the Board denied your application. You have the right to submit newly discovered relevant evidence for consideration by the Board. In the absence of such additional evidence, a further review of your application is not possible. BY DIRECTION OF THE PANEL CHAIR Attachment: Record of Board Proceedings DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of the Assistant Secretary