RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00102

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

Her separation be changed to reflect she was discharged due to a service-connected disability.

APPLICANT CONTENDS THAT:

Her medical conditions were not existed prior to service (EPTS) or were minimal and subsequently aggravated by service.  She did not have issues prior to entry as shown in her record and the conditions did not affect her until Oct 2015.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.

On 26 Feb 16, the applicant received a duty limiting condition requiring a medical evaluation board (MEB).  

On 29 Jun 16, the MEB found the applicant’s Major Depressive Disorder (MDD) with Generalized Anxiety and Phobia related to Needles/Blood was EPTS and permanently aggravated by service.  

On 14 Oct 16, the Department of Veterans Affairs (DVA) rated her MDD recurrent, moderate, with Generalized Anxiety, Blood Injection Injury Phobia, at 50 percent service-connected.

On 21 Oct 16, the Informal Physical Evaluation Board (IPEB) found the applicant unfit for MDD with Generalized Anxiety and Phobia related to Needles/Blood and recommend discharge under other than Chapter 61, Title 10 United States Code (U.S.C.), existed prior to service (EPTS).  In the remarks, the IPEB noted the applicant had extreme anxiety and depression since she was a teenager and significant stress reactions to the presentation of needles since she was a child.  She  had extreme anxiety in tech school when she was required to use needles on patients and does not understand how she graduated.  These symptoms continued at her first duty station, until her symptoms became so severe she was referred to the mental health clinic.  The applicant was unable to perform the duties of her primary Air Force Specialty Code due to her anxiety related to needles. 

On 27 Oct 16, the applicant agreed with the IPEB findings.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DPFDD recommends denying the application as there is no indication of an error or injustice occurring during the processing of her disability case.  The applicant was referred to the Integrated Disability Evaluation System (IDES) in Jul 2016.  The IPEB reviewed her case file and determined her unfit for continued military service for MDD with Generalized Anxiety and Phobia related to Needles/Blood and recommended discharge under other than Chapter 61, Title 10 U.S.C. (EPTS).  The applicant concurred, and she was separated effective 21 Nov 16.  The complete advisory is at Exhibit C.

The AFBCMR Psychiatric Advisor recommends granting the application.  In order to justify a discharge under provision other than Chapter 61, Title 10, U.S.C., one would need to present “clear and unmistakable” evidence that her condition was not permanently aggravated.  Her evaluating behavioral health specialist specifically opined that the applicant’s conditions were preexisting with “service aggravation.”  The IPEB failed to address the permanency of aggravation; therefore, did not comply with the statutory requirement.  The Board may elect to accept the DVA rating and permanently retire the applicant with 50% Service Connected Disability for MDD or retroactively place her on a Temporary Disability Retirement List (TDRL) with reevaluation within the next year.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 6 Jun 18 for comment (Exhibit E) and the applicant replied on 30 Jun 18.  In her response, the applicant reiterates she did not have anxiety and depression prior to service. When she received notice from her PEBLO of the findings, she told him that she did not agree with the result of EPTS and that she did not want to sign an agreement with this.  The PEBLO stated this would not shape the outcome of her MEB.  When she received the final decision of the EPTS discharge, her only choice was to agree with it.  The applicant’s complete response is at Exhibit F.

THE BOARD CONCLUDES THAT:

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 that the applicant is the victim of an error and injustice.  While the Board notes the comments of AFPC/DPFDD indicating that relief should be denied, the Board concurs with the rationale and recommendation of the AFBCMR Psychiatric Advisor and finds that a preponderance of the evidence substantiates the applicant’s contentions.  As such, the Board recommends retroactively placing the applicant on the TDRL with reevaluation within the next year.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

a.  On 21 October 2016, she was found unfit to perform the duties of her office, rank, grade, or rating by reason of physical disability, incurred while she was entitled to receive basic pay; the diagnosis in her case was Major Depressive Disorder, with Generalized Anxiety Disorder and  Blood Injection Injury Phobia, that her condition was under VASRD code 9434; with a disability rating of 50 percent; the degree of impairment was temporary; the disability was not due to intentional misconduct or willful neglect; the disability was not incurred during a period of unauthorized absence; and the disability was not as a direct result of armed conflict or caused by an instrumentality of war and was not combat-related.  

b.  On 21 November 2016, she was discharged from active duty and on 22 November 2016, she was placed on the Temporary Disability Retired List (TDRL).  

c.  The Physical Evaluation Board is directed to complete the reevaluation.

d.  Her election of the Survivor Benefit Plan option will be corrected in accordance with her expressed preferences and/or as otherwise provided for by law or the Code of Federal Regulations.

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-2017-00102 in Executive Session on 25 Jul 18:

Panel Chair
Member
Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 4 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 3 Nov 17.
Exhibit D:	Advisory opinion, AFBCMR Psychiatric Advisor, dated 29 May 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 6 Jun 18.
Exhibit F:	Applicant’s Email Rebuttal, dated 30 Jun 18, w/atch.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings for Docket Number BC-2017-00102 required by AFI 36-2603, paragraph 4.11.9.