ADDENDUM TO 
RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2005-01727-2

	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS:

The characterization of his discharge be changed from “General” to “Honorable,” and his DD Form 214, Certificate of Release or Discharge from Active Duty, be updated to reflect he was discharged due to physical disability. 

RESUME OF THE CASE:

On 28 Jul 05, the Board considered and denied the applicant’s original request to upgrade his discharge to honorable.  In the initial case, he requested the Air Force refer to an Air Force complaint filed with the Florida Board of Nursing concerning failure to go, derelict in the performance of duty and unprofessional conduct.  The Board found no evidence the responsible officials applied inappropriate standards in effecting the applicant’s discharge, violated any AFIs or the applicant was not afforded all the rights to which he was entitled.  For an accounting of the facts and circumstances surrounding the applicant’s original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit E.

On 4 Apr 16, through counsel, the applicant submitted a new DD Form 149 requesting reconsideration based upon additional documentation obtained since the Board’s initial decision.  In his reconsideration request, he contends since his discharge he has been diagnosed with attention-deficit/hyperactivity disorder (ADHD), combined presentation, and unspecified depressive disorder with anxious disorder.  His undiagnosed mental health conditions were the underlying reason for his substandard performance and should have been the basis for referral to a medical evaluation board (MEB) and a medical discharge.  It was erroneous and unjust to discharge him with a general discharge for unsatisfactory performance given his history of anxiety, insomnia, lack of concentration, and excessive work related stress.  The Air Force incorrectly separated the applicant based on AFI 36-3207, Separating Commissioned Officers, and AFI 36-3206, Administrative Discharge Procedures for Commissioned Officers.  These AFIs are only for issues which don’t fall within the medical disability process.  Had the AF properly evaluated him prior to separation, they would have identified his mental health disorder.  He was only given an eight question assessment before separation, in which he commented he was unable to work at the hospital due to stress, but the treating physician failed to properly address his comment.  He was unfit for service due to his Axis 1 disorder, symptoms of which were present before the age of 7 years old.  

The applicant’s complete submission is at Exhibit F.

AIR FORCE EVALUATION:

AFBCMR Psychiatric Advisory recommends denying the application.  The applicant’s legal counsel presents a plausible argument that the applicant’s substandard performance rating may have been the result of his mental status, judgment, and overall outlook on life.  However, the documentation of the applicant’s poor performance was initiated in the spring of 1999, a year prior to his encounters with mental health providers for insomnia and stress related issues.  The applicant’s distress was in response to the administrative actions taken against him and there is no evidence it existed at the time of misconduct or was responsible for it.  The most likely explanation for the applicant’s decline in performance is his underlying Attention Deficit Hyperactivity Disorder (ADHD) that per the applicant’s own report was present since childhood (though untreated).  The applicant was accountable for failing to disclose his pre-existing condition of ADHD, consequently, making the diagnoses more challenging.  The nature of the applicant’s misconduct (inattention, poor concentration, not following procedures, inability to multitask, etc.) is consistent with ADHD, and, as expected, the symptoms became more recognizable with an increase in demands and responsibilities; ultimately triggering feelings of demoralization and creating a viscous cycle.  ADHD and Adjustment Disorder have been, for decades, listed in Air Force and Department of Defense policies as medical conditions not considered a compensable disability by the military Disability Evaluation System.  Although a recent revision of Department of Defense policy [April 2013] now acknowledges an individual with a Chronic Adjustment Disorder renders the individual eligible for processing via a Medical Evaluation Board, the Acute Adjustment Disorder continues to be held as non-compensable and non-ratable by the Military Departments.  

The psychiatric consultant finds the evidence insufficient to warrant the desired change of the record.  The complete advisory is at Exhibit G.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 19 Apr 18 for comment (Exhibit H), but has received no response.

THE BOARD CONCLUDES:

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 the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFBCMR Psychiatric Advisory and finds 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:

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-2005-01727-2 in Executive Session on 25 May 18:

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

Exhibit E:  Original Record of Proceedings, dated 15 Sep 05.
Exhibit F:	RECON application, DD Form 149, w/atchs, dated 14 Apr 16.
Exhibit G:	Advisory, AFBCMR Psychiatric Advisory, dated 14 Mar 18.
Exhibit H:	Notification of Advisory, SAF/MRBC to applicant, dated 19 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.