RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-04603

	COUNSEL:  NONE
	
	HEARING:  NO	

APPLICANT REQUESTS THAT:

1)	He receive a DD Form 215 to reflect the following decorations:

a.	Army Achievement Medal (administratively corrected)

b.	Iraqi Campaign Medal (with Oak Leaf Cluster) 

c.	Air Force Combat Action Medal

2)	A medical retirement based on his Post Traumatic Stress Disorder (PTSD)

APPLICANT CONTENDS THAT:

While serving his second tour in Iraq, a colleague was killed in an improvised explosive device (IED) blast.  He was subsequently diagnosed with PTSD but not given a Medical Evaluation Board (MEB) as his contract expired.  The Department of Veterans Affairs (DVA) has awarded him a 70 percent rating for PTSD, and based on the rating and the totality of his record, he should receive a medical retirement.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force staff sergeant.  

The applicant’s 20 Jun 08 DD Form 2900, Post-Deployment Health Re-Assessment (PDHRA), reflects he deployed to Iraq from 16 Jan 08 – 11 Ju1 08.  

For the reporting period of 4 Jun 09 through 31 May 10, the applicant received an Enlisted Performance Report (EPR) stating, “…with duties at Camp Taji, Iraq” and “Volunteered for 365-day PTT [Police Transition Team] msn, selected for most dangerous msn in Iraq.”  

The applicant’s 12 Sep 10 DD Form 2900 reflects he was in Iraq from 9 Aug 09 – 15 Jun 10.  

For the reporting period of 1 Jun 10 through 31 May 11, the applicant received a referral EPR based on his first failure of the physical fitness test.  

On 21 Oct 11, the applicant was admitted at the Palmetto Lowcountry Behavioral Health for alcohol detox with a history of depression and alcohol dependency.  On 26 Oct 11, he was discharged.  

For the reporting period of 1 Jun 11 through 31 May 12, the applicant received a referral EPR based on his second failure of the physical fitness test.  

On 2 Oct 12, the applicant was honorably discharged and credited with six years of active service.

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

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the applicant’s request for the Iraq Campaign Medals and the Air Force Combat Action Medal.  However, an administrative correction will be completed for the following decorations: Army Achievement Medal, Global War on Terrorism Service Medal, and the Air Force Expeditionary Service Ribbon with Gold Border.  With regard to the Iraq Campaign Medal, the applicant’s record reflects he was in Iraq; however, his record does not reflect a paid travel voucher to verify he served in the area of eligibility for 30 consecutive or 60 non-consecutive days.  With regard to the Air Force Combat Action Medal, the applicant failed to provide a detailed narrative of the event in question and other supporting documents.  The complete advisory is at Exhibit C.

AFPC/DP2STM recommends denying the application finding no evidence of an error or injustice with the applicant’s discharge processing.  Whether or not the applicant should have been medically retired falls outside AFPC/DP2STM’s purview.  The complete advisory is at Exhibit D.

The AFBCMR Medical Advisor defers to the opinion and recommendation of the AFBCMR Psychiatric Advisor since the request involves a mental health condition.  The Medical Advisor cannot speculate as to why a Medical Evaluation Board (MEB) was not completed for his medical conditions (exercise-induced Asthma, Post-Traumatic Stress Disorder, and Lumbago).  However, taken in the context of his already planned separation (as early April 2012), the absence of AF Forms 469, Duty Limiting Reports, and the documented clinical improvements on treatment (notwithstanding the October 2011 hospitalization for detoxification), it is likely his medical providers found no reason to pursue an MEB.  The complete advisory is at Exhibit E.

The AFBMCR Psychiatric Advisor recommends denying the application finding insufficient evidence to warrant the desired change of the record.  While the medical record clearly shows the applicant’s PTSD diagnosis, the mere presence of PTSD does not disqualify one form continuation of service.  Unfortunately, the applicant’s mental health records are sporadic and uninformative.  Following his treatment for alcoholism, there is limited evidence that PTSD continued to have a significant impact on the applicant’s ability to serve.  The lack of AF Form 469, Duty Limiting Condition Report, from the case file limits the ability to determine when the applicant was placed on the profile and was it due to his mental health condition.  Finally, the applicant’s EPR did not demonstrate decrease of performance due to the mental health condition.  The complete advisory is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 14 May 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not 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 not the victim of an error or injustice beyond the relief provided administratively.  The Board concurs with the rationale and recommendations of the AFBCMR Medical and Psychiatric Advisors and finds that a preponderance of the evidence does not substantiate the applicant’s contentions his PTSD was unfitting at the time of separation.  The Board further concurs with the rationale and recommendation of AFPC/DP3SP and finds that a preponderance of the evidence does not substantiate the applicant’s contention for the remaining decorations.  Even though the applicant’s record reflects he was in Iraq; his record does not reflect a paid travel voucher to verify he served in the area of eligibility for 30 consecutive or 60 non-consecutive days.  Furthermore, the Board finds the applicant failed to provide the necessary supporting documents of the combat event in question in order to substantiate his claim.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.  

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2017-04603 in Executive Session on 25 Jul 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 Oct 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, w/atch, dated 22 Feb 18.
Exhibit D:	Advisory opinion, AFPC/DP2STM, dated 8 Dec 17.
Exhibit E:	Advisory opinion, AFBCMR Medical Advisor, dated 16 Mar 18.
Exhibit F:	Advisory opinion, AFBCMR Psychiatric Advisor, dated 21 Mar 18.
Exhibit G:	Notification of Advisory, SAF/MRBC, dated 14 May 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings for Docket Number BC-2017-04603 required by AFI 36-2603, paragraph 4.11.9.