RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02832

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His honorable discharge be changed to a medical retirement.

APPLICANT CONTENDS THAT:

He was relieved from his assignment and unable to complete his service due to his Post Traumatic Stress Disorder (PTSD) he acquired from combat in Vietnam. 

Although, he received an honorable discharge, he believes a service characterization of honorable under medical conditions would be just and equitable for both him and the Air Force.

At the time he resigned from his active unit in 1988 PTSD was not fully recognized as a medical condition.

He was released from the Air Force Reserve based on being passed over for major and entered the inactive Reserve.

The Department of Veterans Affairs (DVA) rated his PTSD condition at 70 percent.

He was not aware his PTSD impacted his ability to maintain his Air Force career until he was seen by the DVA.

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

STATEMENT OF FACTS:

On 6 May 1968, the applicant initially enlisted in the Regular Air Force.  On 7 October 1972, he was discharged and transferred to the Air Force Reserve.  He was discharged from the Air Force Reserve on 7 October 1974.  On 22 March 1975, he enlisted in the New York Air National Guard.  He was discharged from the ANG on 13 November 1977 and enlisted in the Regular Air Force.

On 28 September 1979, the applicant was commissioned as a second lieutenant in the Air Force Reserve.  On 1 July 1983, he was honorably discharged from the Air Force Reserve.

The applicant’s official military medical records revealed several SF Forms 93, Report of Medial History, and SF Forms 88, Report of Medical Evaluation, dated from 28 September 1968 through 5 April 1986 which the applicant denied he had any mental health issues or history of behavioral health symptoms.

On 19 April 1986, the applicant was appointed as a Captain, in the New Jersey Air National Guard.  On 1 November 1988, he was honorably discharged from the New Jersey Air National Guard and transferred to the Air Force Reserve.

On 5 May 1993, ARPC/DP notified the applicant that due to his second deferral for promotion to major, he must be discharged in accordance with Title 10 U.S.C. Section 8846.  His mandatory separation date was adjusted to reflect 26 December 1994.

By Reserve Order, EK-5599, dated 7 July 1993, the applicant was relieved from his assignment and placed on the Reserve Retired Listed effective 4 June 1993.

The applicant was evaluated by the DVA and diagnosed with PTSD and Depressive disorder on 16 January 2003

On 28 July 2004, the applicant was awarded a 70 percent service connected disability rating from the DVA for PTSD effective 31 December 2003.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

The AFBCMR Psychiatric Consultant recommends denial indicating there is no evidence of an error or an injustice.

The applicant’s records indicate he had no visits with Mental Health while in the Air Force.  It is noted that in June 1970, he was prescribed anxiolytic medication by his Primary Care Physician, but there are no other medical entries indicative of mental health issues.  Furthermore, in his Reports of Medical History throughout the years, the applicant denied any behavioral health related issues and no changes were annotated on his profile.  His performance reports were mostly superb and there are no indications that he had poor job performance or could not fulfill his duty obligations satisfactorily.  The Psychiatric Consultant agrees the applicant sustained trauma in his life that could result in the psychiatric disturbance.  However, after people experience trauma, only a minority progress to the development of the PTSD.  For example, according to the statistics from the National Center for PTSD, 11%-20% of Veterans who served in Operation Iraqi Freedom and Enduring Freedom have PTSD in a given year.  Therefore, the experience of the traumatic event, does not immediately imply the presence of the PTSD.  

The diagnosis of PTSD was first introduced into Diagnostic and Statistical Manual of Mental Disorders (DSM) III in 1975 and since then it has been updated to a DSM IV and V, which state “symptoms usually begin within the first 3 months after the trauma, although there may be a delay of months, or even years, before criteria for the diagnosis are met”.  Consequently, diagnosis of PTSD by the DVA does not automatically invalidate the actions of the military department.  The Psychiatric Consultant does not dispute the applicant’s current mental health diagnoses, but merely states, that the applicant has not been able to demonstrate that he has suffered from PTSD in the 1970s-1990s. Furthermore, even if present, his PTSD would not be unfitting for the purpose of medical discharge or retirement.  In order to maintain a fit and vital force, the Secretary of the AF relies on statutory authorization (10 U.S.C., Chapter 61) to remove service members from the Air Force who can no longer perform their military duties because of a mental or physical defect.  If a service member identified medical diagnosis, condition or physical or mental limitation prohibits or limits the individual from completing his or her duties and/or routinely interferes with his or her ability to obtain complete individual deployment readiness or worldwide duty reassignment qualification, and/or imposes unreasonable requirements on the military to either maintain or protect the member, the service member may be separated, discharged or retired from military Service.  Based on the applicant’s record, PTSD was not the reason for his career termination.

The Department of Veterans Affairs (DVA), operating under a different set of law, Title 38, U.S.C., is empowered to offer compensation for any medical condition with an established nexus with military service, without regard to its impact upon a member’s fitness to serve, the narrative reason for release from service, or the length time transpired since the date of discharge.  The DVA may also conduct periodic reevaluations for the purpose of adjusting the disability rating awards as the level of impairment from a given medical condition may vary [improve or worsen] over the lifetime of the veteran. Therefore, even though the Department of Veterans Affairs has granted compensation for the applicant’s medical condition, this evidence does not invalidate the appropriateness of the military discharge disposition, which was based upon the information present at the time of the applicant’s release from military service.

The Psychiatric Consultant recognizes the sacrifices the applicant has made for this country and appreciates his service.  It is fortunate that he sought assistance at the DVA and was subsequently diagnosed with PTSD for which he hopefully is receiving appropriate treatment.  However, the Consultant opines the applicant has not met the burden of proof of error or injustice that warrants the desired change of the record.

A complete copy of the AFBCMR Psychiatric Consultant’s evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In support of his requests the applicant submits a four-page personal statement, with attachments, and expresses he disagrees with the Psychiatric Consultant’s evaluation that indicates his PTSD did not have an effect on his military or civilian career.  He expresses that until two years ago, he was not aware that a Reserve medical retirement existed.  Furthermore, until the year 2001, he did not know what PTSD was or that he suffered from it.  He provides detailed examples of how PTSD has affected his military and civilian career.

The applicant’s complete response, with attachments, is at Exhibit E.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-02832 in Executive Session on 25 October 2016, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02832 was considered:

	Exhibit A.  DD Form 149, dated 2 Jul 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFCMR Psychiatric Consultant, dated
  16 Aug 16.
	Exhibit D.  Letter, SAF/MRBR, dated 23 Aug 16.
	Exhibit E.  Letter, Applicant, dated 1 Sep 16, w/atchs.

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.