RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02238

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His honorable discharge be changed to a medical discharge.

APPLICANT CONTENDS THAT:

He was discharged due to a medical issue out of his control.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was separated from the Air Force Reserve on 14 Nov 16.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, D, and E.

AIR FORCE EVALUATION:

ARPC/DPTS recommends denying the application.  A review of the applicant’s records revealed no documents identifying an error in his records, and he does not provide evidence to reflect an error in his military record.  The complete advisory is at Exhibit C.

BCMR Medical Consultant recommends denying the application.  It is apparent that the applicant was found medically disqualified for a medical condition, presumably a mental disorder, not found to be service-incurred or permanently aggravated by military service, despite the fact that the Department of Veterans Affairs (DVA) has implicitly assigned service-connection and compensation for the unnamed medical condition.  The DVA, operating under Title 38, United States Code (U.S.C.) may establish service-connection for any medical condition based upon its policies.  Whereas eligibility for a Medical Evaluation Board for a compensable condition, as determined by the Military Department, operating under Title 10, Chapter 61, U.S.C., considers several factors, to include date of onset of the illness, date of onset since entering military service, duty status when condition was determined disqualifying, and the clinical judgment of the physician(s) who evaluated the applicant and found him medically disqualified.  There is no AF Form 348, Line of Duty Determination, document accompanying the supplied case file.  There is also no service medical evidence, e.g., progress notes of episodes of care or medical summaries, to indicate evaluation and treatment of a de novo disqualifying medical condition caused by [proximate result of] or permanently aggravated by military service.  The complete advisory is at Exhibit D.

BCMR Psychiatric Consultant recommends denying the application.  There is insufficient evidence to support the applicant’s contention that he had a mental health condition that resulted in his discharge from military service.  The applicant does receive a 10 percent compensation from the DVA for tinnitus only.  He does appear to have Panic Attacks and Depression, but there is no evidence that these were the result of his military experience or that his military experience in anyway affected the course of these conditions. The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 30 Apr 18 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendations of ARPC/DPTS, BCMR Medical Consultant, and the BCMR Psychiatric Consultant, and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02238 in Executive Session on 13 Aug 18:

, Panel Chair 
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 May 16
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, dated 18 Aug 16.
Exhibit D:	Advisory opinion, BCMR Medical Consultant, dated 14 Dec 16.
Exhibit E:	Advisory opinion, BCMR Psychiatric Consultant, dated 30 Mar 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 30 Apr 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9, pertaining to . Docket Number BC-2016-02238.