RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04659 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, Block #30 “Is not entitled to Disabilities Severance Pay” be removed. _________________________________________________________________ APPLICANT CONTENDS THAT: Block #11c of his DD Form 214 indicates that he was discharged due to physical disability that existed prior to service; however, his medical records verify that military service aggravated his condition. In addition, his enlistment physical identifies his physical disability. In support of his appeal, the applicant provides copies of military medical records and a civilian physician’s statement. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 25 November 1966 to 15 November 1967. In February 1967, the applicant was evaluated at the psychiatric clinic and diagnosed at the time with an anxiety reaction, chronic, severe. He was seen again on 16 June 1967 for similar complaints. A new physical profile was accomplished that disqualified him from career fields falling within the purview of Air Force Manual (AFM) 35-99, Human Reliability Program, and he was assigned to some other field of training and to more routine duties in the Air Force. On 19 September 1967, a psychiatric medical exam revealed the applicant had a history of anxiety and had his first anxiety attack in July 1966, four months prior to his entrance into the Air Force. The exam also revealed that since his entrance into the military, his attacks had increased and; in addition, his chronic anxiety state, with depression, had become much more severe. The attending psychiatrist diagnosed the applicant with Schizophrenic reaction, undifferentiated type, chronic; and, that it existed prior to service. The doctor recommended the applicant be discharged from the service with a medical discharge for disability. On 18 October 1967, the applicant submitted a letter that he did not wish to exercise his right to have the preliminary findings reviewed; and, that he understood that such a discharge would be without disability retirement or disability severance pay. However, he understood it did not preclude him from applying for benefits from the Department of Veteran Affairs (DVA). The applicant was honorably discharged effective 15 November 1967 by reason of physical disability which existed prior to service. He served 11 months and 10 days on active duty. On 19 March 2009, the DVA denied the applicant’s claim of service connection for anxiety/depression. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial. DPSD states the preponderance of evidence reflects that no error or injustice occurred during the disability process or at the time of separation. The complete DPSD evaluation is at Exhibit C. _________________________________________________________________ COUNSEL'S REVIEW OF AIR FORCE EVALUATION: The civilian medical report, provided by the applicant, indicates that his pre-existing condition was minor; and, that it only became severe when it was aggravated by his military service. The Air Force was aware of the effect caused by his military service; however, they discharged him without providing him with disability severance pay. Denial of those benefits at the time of discharge was unfair in light of the presence of record of causation. That alone should be grounds for correction of his discharge. The counsel’s complete rebuttal, with attachments, is at Exhibit E. _________________________________________________________________ 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 an injustice. The Board acknowledges the medical documentation reflecting the frequency and severity of the applicant’s symptoms appear to have increased after entering military service. We also acknowledge the letter from a medical expert, dated 2007, who noted that there was a reduction in the severity of the applicant’s symptoms after his release from military service. Thus, it is our view that the acute exacerbation of the applicant’s symptoms during military service represented expected manifestations of his underlying pre-existing anxiety-related condition in response to the stressors of military service, but did not represent a permanent worsening or permanent aggravation above and beyond the expected natural progression of the disorder. We also acknowledge the applicant’s medical condition may have further progressed over the course of the past several years. However, under Title 10, U.S.C., the Military Department, by law, can only base its severity assessments, for disability rating purposes, upon the level of severity at the “snap-shot” time of final military disposition. We are not persuaded by the evidence presented that the determination made at the time regarding the applicant’s fitness was improper or contrary to prevailing policy. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2010-04659 in Executive Session on 18 August 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-04659 was considered: Exhibit A. DD Form 149, dated 13 Dec 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 31 Jan 11. Exhibit D. Letter, SAF/MRBR, dated 8 Apr 11. Exhibit E. Letter, Counsel, dated 12 Apr 11, w/atchs.