RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02638 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her official records be corrected to reflect that she was medically retired due to Post Traumatic Stress Disorder (PTSD). ________________________________________________________________ APPLICANT CONTENDS THAT: She was unjustly allowed to leave active duty on 9 Oct 10 after she had been diagnosed with PTSD. She should have been retained on active duty until her medical case was processed through the Air Force Disability Evaluation System (DES) and she was granted retirement for medical disability. She presents as evidence, her 8 Nov 07 Department of Veterans Affairs (DVA) determination that her 50 percent disability rating for PTSD is service connected. During her deployment to Afghanistan in 2006, her traumatic experiences included: 1. She was the victim of rape and met with a rape counselor, but was not prepared to deal with the trauma associated with officially reporting the incident. 2. She had to photograph the scene of an Improvised Explosive Device (IED) attack in which someone she knew had been killed, and while there she found a body part. 3. She befriended a Marine who was killed days later. In support of her appeal, the applicant provides copies of her DD Form 214, Certificate of Release or Discharge from Active Duty, excerpts from her military and civilian medical records, and her DVA Rating Decision. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Air Force on 10 Jun 98 and served on active duty until her Honorable Discharge on 9 Oct 06. She was credited with eight years and four months of total active service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends denial of the applicant’s request for medical retirement, indicating there is no evidence of an error or injustice. Addressing the applicant’s mental health-related contention, the supplied Service treatment documentation reflects the applicant had previously received care for an Adjustment Disorder during Jan and Feb 02, and again in Oct 02, which had been reportedly present since the Jun 01 birth of her child. The Military Disability Evaluation System (DES), operating under Title 10, United States Code (U.S.C), can only offer compensation for and when a service-incurred illness, disease, or injury rendered a member unfit for continued service and was the cause for career termination; and then only for the degree of impairment present at the “snap shot” at the time of release from military service and not based on future changes or events. The evidence does not clearly reflect the applicant’s diagnosis interfered with her ability to perform her military duties to the extent that warranted processing through the military DES for medical separation and retirement. Indeed, although the applicant was prescribed an anti-depressant prior to and after her return from a deployment, she was deemed well-controlled, was cleared for deployment, and was found Worldwide Qualified after her return from Deployment. The DVA on the other hand, operating under Title 38 U.S.C, is authorized to offer compensation for any medical condition determined service incurred or aggravated, without regard to its 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 for service despite the presence of a medical condition and yet sometime thereafter receive a compensable rating from the DVA for the service-connected, but militarily non-unfitting condition. Thus, the presence of a medical condition that was not unfitting while in service, and was not the cause of separation or retirement, that may later progress in severity causing disability or was merely determined service connected by the DVA, is not a basis to retroactively grant a military medical retirement. There is no evidence to show the applicant’s ability to perform her military duties was adversely impacted by PTSD or Depression to the extent that warranted conducting an MEB. Neither is their evidence of inadequate duty performance caused by mental disorder. The applicant has not convincingly met the burden of proof of a material error or injustice. The complete AFBCMR Medical Consultant evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 24 Jun 11, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office. (Exhibit D). ________________________________________________________________ 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 injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the AFBCMR Medical Consultant and adopt his rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2011-02638 in Executive Session on 22 March 12, under the provisions of AFI 36-2603: , Vice Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 27 Jun 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR Medical Consultant, dated 12 Dec 11. Exhibit D. Letter, SAF/MRBC, dated 20 Dec 2011. Vice Chair