RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01178 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge be changed to a disability retirement. _________________________________________________________________ APPLICANT CONTENDS THAT: He should have been disability retired from the Air Force Reserve (AFR); however, he was discharged. He had 30 days to complete his 20 years. However, he was sick and unable to perform the 30 days required. He did not realize that he could retire with 19 years of satisfactory service completed. He believes that since he has been receiving Social Security Disability, he should have been given a disability retirement. In support of his request, the applicant provides personal letters, a copy of a letter from the Social Security Administration Retirement, Survivors and Disability Insurance office, copies of letters from the Department of Veterans Affairs (DVA), copies of printouts from the Air Reserve Personnel Center, and a copy of a letter from SAF/MBRB. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Air National Guard in the grade of master sergeant. His ANG/USAFR Point Credit Summary reflects he had a good retirement/retention year from 21 May 73 to 19 Aug 94. However, from 21 May 77 to 19 Aug 79 his status was “civilian”. He was relieved from his assignment and honorably discharged effective 1 Dec 98 after serving 19 years of satisfactory service. On 11 Jun 99, the DVA rated the applicant with the following disabilities with a correlating disability rating for: a. 50 percent for major depression. b. 10 percent for degenerative arthritis of the cervical spine. c. 10 percent for hypertension on medication. d. 10 percent for diabetes on medication. e. 10 percent for PEDIS. The applicant’s non-service connected disabilities have a combined evaluation of 70 percent; effective date of benefits was 3 Mar 97. On 25 Nov 11, the applicant temporarily closed his case. On 22 Mar 12, the applicant requested to reopen his BCMR request. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/SG recommends denial. SG states the applicant did not provide any information to substantiate his request for a medical retirement. The DVA confirms his diagnosis; however, a service connection was not established. The complete AFRC/SG evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant sent in a copy of his mental health records from Kaiser Permanente to be added as evidence to his case. The applicant’s submission, with attachments, is at Exhibit D. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The Medical Consultant states there are no line of duty documents presented to reflect the existence of a service incurred or aggravated illness or injury as a probable alternative cause for his release from the military. The DVA rating official acknowledged, in a rationale dated 19 Sep 98, that the applicant was diagnosed with Adjustment Disorder with Depressed Mood due to stress at work and difficulty dealing with co-workers; and that his symptoms of depression began in 1991 due to stress on the job. The rationale further shows the “recent onset of [a] psychiatric disorder” and “no evidence which would relate this disorder at the time [the applicant] was on active duty.” The Social Security Administration and a pension by the DVA have awarded the applicant compensation. In order to justify a medical retirement, there must be a service incurred or aggravated condition that interferes with military service which is disqualifying under the governing regulation. The military Disability Evaluation System (DES) can by law only offer compensation for and when a service incurred or aggravated illness or injury specifically rendered a member unfit for continued active service and was the cause for career termination; and then only for the degree of impairment present at the time of separation and not based on future possibilities. The DVA is authorized to offer compensation for any medical condition determined service incurred or aggravated, without regard to its impact upon a service member’s fitness to serve or narrative reason for release from military service. Moreover, as in the case under review, the DVA is authorized to offer a pension for non-service incurred conditions when they significantly interfere with a veteran’s employability or under other qualifying criteria, e.g., not discharged for dishonorable reasons and a total rating as a result of a disability not caused by willful misconduct. There are provisions for length of service retirements for service members with greater than 15, but less than 20 years of satisfactory years of service, who have been found disqualified for a non-service incurred illness. However, the evidence in this case does not reflect the applicant’s diagnosed Adjustment Disorder would qualify for a length of service retirement. Therefore, the Medical Consultant opines the applicant has not met the burden of proof of an error or injustice that warrants a change in his record. The complete BCMR Medical Consultant’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The applicant responded by reopening his BCMR request. The applicant’s complete submission is at Exhibit G. _________________________________________________________________ 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; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility and the BCMR Medical Consultant and adopt their rationale as the basis for our conclusion that 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 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-2011-01178 in Executive Session on 17 Apr 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Mar 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFRC/SG, undated. Exhibit D. Letter, Applicant, dated 23 Aug 11, w/atchs. Exhibit E. Letter, BCMR Medical Consultant, dated 31 Oct 11. Exhibit F. Letter, AFBCMR, dated 3 Nov 11. Exhibit G. Letter, Applicant, dated 22 Mar 12. Panel Chair