RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00542 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect he was medically retired due to Post- Traumatic Stress Disorder (PTSD). _________________________________________________________________ APPLICANT CONTENDS THAT: He had two incidents he endured while on active duty, serving in Security Forces within a combat theater. The mention of his mental state to his leadership would have resulted in him having fear of reprisal from them and his colleagues. In support of his request, the applicant provides a personal statement, copies of his DD Form 214, and documents pertaining to his Department of Veterans Affairs (DVA) claim. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 21 Apr 99, the applicant entered active duty in the Air Force. On 20 Apr 05, he was honorably released from active duty by reason of completion of required active service. Additional relevant facts pertaining to this application are contained in the letter prepared by the BCMR Medical Consultant at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The Medical Consultant states the Military Disability Evaluation System was established to maintain a fit and vital fighting force, and by law under Title 10, United States Code (USC) can only offer compensation for and when one or more service incurred diseases or injuries specifically renders a member unfit for continued active service and were the cause for career termination; and then only for the degree of impairment present at the time of separation and not based on future changes. In order for an individual to be considered unfit for continued military service, there must be a medical condition that prevents performance of any work commensurate with office, rank, and rating rank or precludes worldwide qualification. Despite the applicant’s self- reported experiences and symptoms, the fact remains he had apparently shown no diminution in his capabilities to carry out the mission of his organization. The applicant’s performance reports are not supplied to validate this presumptive statement. On the other hand, operating under a different set of laws (Title 38, USC) with a different purpose, the DVA is authorized to offer compensation for any medical condition determined service- incurred or aggravated, without regard to its proven or demonstrated impact upon a service member’s retainability, fitness to serve, or narrative reason for release from military service. This is the reason why an individual can be found fit to complete a term of service and yet sometime thereafter receive a compensation rating from the DVA for service-connected, but militarily non-unfitting conditions. The DVA is also empowered to conduct periodic reevaluations for the purpose of adjusting (increasing or decreasing) the disability rating award as the level of impairment from a given medical condition may vary (worsen or improve) over the lifetime of the veteran. In the case under review, the applicant has neither shown an inability to perform his military duties nor is there evidence that PTSD should have been the cause of termination of his Air Force career. The Medical Consultant thanks the applicant for his service and his bravery under difficult circumstances, but finds he has not met the burden of proof of an error or injustice that warrants the desired change of the record. The complete BCMR Medical Consultant’s evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 Oct 11, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 15 days. To date, a response has not been received (Exhibit C). _________________________________________________________________ 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and do not find that it supports a change in his military record. As indicated by the BCMR Medical Consultant, the applicant has neither shown an inability to perform his military duties nor is there evidence that PTSD should have been the cause of termination of his Air Force career. Therefore, we agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In the absence of evidence to the contrary, we find no basis to recommend the relief sought in this application. 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 issue involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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 Docket Number BC-2011-00542 in Executive Session on 15 Nov 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Jan 11, w/atchs. Exhibit B. Letter, BCMR Medical Consultant, dated 7 Oct 11. Exhibit C. Letter, SAF/MRBR, dated 21 Oct 11. Panel Chair