RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02528

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He receive a medical discharge with severance pay instead of an administrative discharge.  

APPLICANT CONTENDS THAT:

He returned from Afghanistan with mental health issues, sought medical treatment, and has been diagnosed with VA code 9440 (Adjustment Disorder, chronic).  He was afraid to tell his unit’s psychiatrist that he was suffering from Post-Traumatic Stress Disorder (PTSD) in fear of getting kicked out of the military.  He waived his right to a Formal Physical Evaluation Board (PEB) because he did not want travel at his own cost and assumed he would be medically discharged with a severance package.  

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

STATEMENT OF FACTS:

On 27 Mar 11, the applicant was mobilized, deployed in support of Operation Enduring Freedom to Afghanistan, and subsequently demobilized on 29 Mar 12.  

According to his medical record, dated 17 Sep 13, the applicant was diagnosed with Adjustment Disorder, with anxiety and depression, chronic.  

On 11 Dec 13, according to the AF Form 469, Duty Limiting Condition Report, the applicant was considered non-worldwide qualified, placed on mobility and duty restrictions, and identified as having medical defect/condition requiring a Medical Evaluation Board (MEB).  

On 24 Feb 14, the applicant’s unit commander noted his current medical condition precluded satisfactory completion of duties in a deployed environment and recommended he be disqualified for continued service. 

On 1 Mar 14, the applicant indicated his desire to have his non-duty related, medical disqualification case referred to the Informal Physical Evaluation Board (IPEB) solely for a fitness determination.  

On 21 Apr 14, AFRC/SGPA determined the applicant was medically disqualified for continued military duty.  

On 30 Apr 14, the IPEB found the applicant unfit for duty with a diagnosis of Chronic Adjustment Disorder with Anxiety and Depressed Mood.  

On 4 May 14, the applicant was presented a referral Enlisted Performance Report (EPR) for failing a fitness assessment.  The EPR also stated the applicant was challenged with difficult situation during reporting period to include repayment of debt.

On 13 Jun 14, the applicant desired to have his case referred to the Formal PEB solely for a fitness determination.

On 6 Aug 14, the applicant did not report to the Formal PEB.

On 21 Jan 16, in accordance with Reserve Order CA-51, the applicant was relieved and discharged effective 4 Feb 16 with a service characterization of Honorable.  

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D.

AIR FORCE EVALUATION:

AFRC/SGO recommends denying the applicant’s request, indicating there is no evidence of an error or injustice.  Their review of the documents available showed no indication the applicant’s mental health issues are a result of military stressors.  Neither his civilian records nor the military mental health evaluation note military stressors nor PTSD as the primary cause of his conditions.  Both evaluations indicate the diagnosis of Adjustment Disorder with Anxiety and Depression, Chronic and the stressors associated with these evaluations were personal in nature; divorce, near death of his brother, Driving Under the Influence (DUI), and financial issues with no indication they occurred in a military status.  It is clear from the Department of Veterans Affairs (DVA) assessments and members assertions during the post deployment health assessments completed following his most recent mobilization that he did test positive on the PTSD screening; however, further evaluation with the DVA mental health clinic failed to confirm a PTSD diagnosis.  The applicant himself admits he did not reveal the PTSD screening results or evaluation with the DVA to his supporting medical unit and that he waived his rights to the Formal PEB.  Additionally, on two occasion when declaring his intent for the Informal PEB and the Formal PEB he acknowledged he understood his case was non-duty related and was being submitted for a fitness only determination.  AFRC/SGO recommends no change to the applicant’s separation action as there is no evidence the conditions for which he was found unfit for continued service was incurred or aggravated by military service.

A complete copy of the AFRC/SGO evaluation is at Exhibit C.

The AFBCMR Psychiatric Advisor recommends granting the applicant’s request, indicating there is evidence of an error or injustice and recommends discharge with a 10 percent disability rating.  After a review of all the available medical documentation as well as AFRC/SGO advisory, the Psychiatric Advisor arrived at her own independent recommendation in the effort to facilitate the Board’s decision.  Given all the information, the applicant’s display of trauma-related symptoms are clearly documented.  However, the question is to what extent the applicant’s presentation was due to his trauma of combat versus dissolution of his marriage and other psychosocial stressors.  The DVA psychologist who conducted the applicant’s evaluation during his Compensation and Pension exam made it very clear that one can’t differentiate the conditions and many symptoms overlap.   However, the final rating determination is not effected since it is calculated using the functional disability independent of the diagnoses.  For the awareness of the Board, when the Airman is diagnosed with the trauma-related disorder, the policy (38 CFR 4.129) has to be applied “When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran's discharge to determine whether a change in evaluation is warranted.”  In the applicant’s case, fortunately DVA has completed the applicant’s comprehensive PTSD disability evaluation on 31 Aug 16 and the results of DVA’s evaluation can be adopted for the final rating determination.  The DVA examiner determined that applicant’s occupational and social impairment is mild or transient and is equivalent to 10 percent disability rating in accordance to VASRD.  Therefore, the Psychiatric Advisor recommends the following relief options:

1.	Change his Line of Duty determination to In the Line of Duty (ILOD) for the diagnosis of an Adjustment Disorder, chronic, VASRD code 9440, and award 10 percent disability in accordance with the Compensation and Pension exam performed on 31 Aug 16 by DVA, effective 5 Feb 16; or, 
2.	Accept diagnosis of PTSD, VASRD code 9411 and recognize it as a condition ILOD.  Place applicant on the Temporarily Disability Retired List (TDRL) with rating of 50 percent in accordance with 38 CFR 4.129, effective 5 Feb 16.  Remove the applicant from TDRL on 31 Aug 16, and discharge with the rating of 10 percent in agreement with the Compensation and Pension exam performed on 31 Aug 16 by DVA.

A complete copy of the AFBCMR Psychiatric Advisor evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 23 Sep 16 for review and comment within 30 days (Exhibit E).  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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is not the victim of an error or injustice.  While we note the comments of AFBCMR Psychiatric Advisor indicating that relief should be granted because the applicant was subsequently awarded a 10 percent disability rating for Post-Traumatic Stress Disorder by the Department of Veterans Affairs, the Board took notice of the applicant's complete submission in judging the merits of the case and agreed with the opinion and recommendation of AFRC/SGO and adopt its rationale the applicant has not been a victim of an error or injustice as we did not find where the applicant’s mental health issues were the result of military stressors.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-02528 in Executive Session on 8 Nov 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02528 was considered:

	Exhibit A.  DD Form 149, dated 10 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRC/SGO, dated 8 Sep 16.
	Exhibit D.  Memorandum, Psychiatric Advisor, dated 22 Sep 16.
	Exhibit E.  Letter, AFBCMR, dated 23 Sep 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.