RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-00134

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His Service Treatment Records be corrected to reflect a diagnosis for schizophrenia and depression.

APPLICANT CONTENDS THAT:

He is currently diagnosed with depression and his condition has only worsened in severity since his discharge in 1973.

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

STATEMENT OF FACTS:

On 14 Apr 72, the applicant initially entered the Regular Air Force.

On 1 Feb 73, the Physical Evaluation Board diagnosed the applicant with Chronic Undifferentiated Schizophrenia, improved.  They determined the condition was permanent, and the applicant should be discharged with severance pay and a 10 percent disability rating.

On 14 May 73, the applicant was furnished an Honorable discharge, and credited with 1 year, 1 month, and 1 day active service.  Narrative reason was Physical Disability with Entitlement to Receive Disability Severance Pay.

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

AIR FORCE EVALUATION:

AFPC/DPFFF recommend denial, indicating there is no evidence of error or injustice.

On 1 Feb 73, a Medical Evaluation Board (MEB) was conducted on the applicant for Chronic Undifferentiated Schizophrenia, improved and forwarded to the Informal Physical Evaluation Board (IPEB).  The IPEB recommended discharge with severance pay and a 10 percent disability rating.  The applicant concurred and was discharged for physical disability.

The Air Force Physical Evaluation Board determines whether an Airman’s medical condition renders them unfit for duty, and is based upon a “snapshot in time”, and does not take into consideration progression of a disability that may occur after the member’s release from active duty.  The rating at final disposition is not subject to change after the member has separated.

A complete copy of the AFPC/DPFFF evaluation is at Exhibit C.

BCMR Psychiatric Advisor recommends denial, indicating there is no evidence of error or injustice.

On 14 Apr 72, the applicant entered the Air Force after doing prior military service with the Marine Corps Reserve from 4 Mar 72 through 13 Apr 72.  He was released under Honorable conditions due to a physical disability for which he received a severance compensation under provisions of Section 1212, Title 10, United States Code (USC).

On 1 Feb 73, the PEB determined the applicant was unfit for duty with Chronic Undifferentiated Schizophrenia, improved, his condition was permanent, and he was given a disability rating of 10 percent.

On 8 Apr 73, a Command Directed Evaluation (CDE) of the applicant was conducted and signed by the Chief, Psychiatry Inpatient Service and the Chief, Psychiatry Service Department of Mental Health.  Common physical standards were used and the accuracy of the diagnosis is acceptable by military standards as both evaluators were fully accredited psychiatric physicians.

On 4 Mar 15, a civilian provider noted the applicant reported he was hospitalized while serving in the Marine Corps for major depression with psychotic features.  From that time until present, the person doing the assessment could have a different opinion about the specific diagnosis.  However, psychiatric disabilities are not rated according to the disorder, but instead to the extent that they interfere with the person’s ability to do their job.

Additionally, the Disability Evaluation System, under Title 10, USC, only offers compensation for service-incurred conditions which specifically render the member unfit for duty and were the cause of the member’s separation, with the degree of impairment taken in a “snapshot of time.”  The Department of Veterans Affairs (DVA), under Title 38, is empowered to offer compensation for any medical condition with an established nexus to military service.

The applicant’s treatment records reflect a diagnosis of Depression by the DVA in 2014; and the applicant does not present with all the diagnostic criteria of Post-Traumatic Stress Disorder.  He was able to function when he was discharged in 1973 which is why he received a 10 percent disability rating.

His records appear intact with no impropriety, and are inherently consistent throughout.  Changes that occurred after his discharge were made by DVA and questions related to his pension/compensation need to be addressed by DVA.

A complete copy of the BCMR 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 25 Aug 17 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 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; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationales as the basis for our conclusion 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 requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2016-00134 in Executive Session on 20 Mar 18 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00134 was considered:

	Exhibit A.  DD Form 149, dated 6 Jan 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 6 Apr 16.
	Exhibit D.  Memorandum, BCMR Psychiatric Advisor, dated
6 Jul 17.
	Exhibit E.  Letter, SAF/MRBC, dated 25 Aug 17, w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-00134, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.