ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-05159

XXXXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Board reconsider his request to change his honorable character of service to a medical disability retirement.

RESUME OF THE CASE

The applicant is a retired Air Force master sergeant (E-7).  On 30 Apr 99, the applicant was relieved from active duty and retired on 1 May 99 under the provisions of AFI 36-3203 (Sufficient Service For Retirement).  He served 20 years and 21 days of active service for retirement.  On 20 Feb 19, the Board considered and denied his request for a medical disability retirement, finding that the applicant had provided insufficient evidence of an error or injustice to justify relief.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit F.

On 30 Mar 19, the applicant requested reconsideration of his request.  He again contends that he had a diagnosis with Post Traumatic Stress Disorder/Traumatic Brain Injury (PTSD/TBI) which was the result of in-service related events.  The records indicate the possibility of unconsciousness in Aug 84 when he had a fall causing a traumatic injury to his brain that led to long-lasting changes in cognitive potential.  There is new evidence by two physicians that confirm there are medical, hard neurological and psychological facts that indicate he has PTSD/TBI intertwined (pyramiding) and there are no other events either before or after his military service that can produce those.  As new evidence, the applicant provides a copy of a letter dated 7 Jan 19, from a neuro-Radiologist.

The applicant’s complete submission, with attachments, is at Exhibit G.

AIR FORCE EVALUATION

The AFBCMR Psychological Advisor recommends denying the application.  The Psychiatric Consultant agrees with the previous decision of the Board.  The applicant has not been able to demonstrate with the required burden of proof (preponderance of the objective evidence) that he had suffered from PTSD/TBI while in service and that his conditions rose to the level of unfitness.  Due to the complete lack of any mental health records from the time in service, any estimate of the applicant's psychological state in the 1990s would be purely speculative.  Furthermore, record of the head trauma from 1984 with/without loss of consciousness without documented sequela followed by many years of satisfactory service does not fully explain poor neurocognitive function 30 years later.  Within days of a mild to moderate TBI, the vast majority of people experience post-concussive symptoms.

The military Disability Evaluation System (DES), established to maintain a fit and vital fighting force, can by law, under Title 10, United States Code (U.S.C.), only offer compensation for those service incurred diseases or injuries which specifically rendered 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 "snapshot" time of separation and not based on future progression of injury or illness.  Operating under a different set of laws (Title 38, United States Code), with a different purpose, the Department of Veterans Affairs (DVA) is authorized to offer compensation for any medical condition determined service incurred, without regard to and independent of its demonstrated or proven impact upon a service member’s retainability, fitness to serve, or the length of time since date of discharge.  This is the reason why an individual can be released from military service for one reason and, yet sometime thereafter, receive compensation ratings from the DVA for medical conditions that were service-connected, but were not militarily unfitting at the time of discharge.  

The complete advisory opinion is at Exhibit H.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 30 Mar 20 for comment (Exhibit I), but has received no response.

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The Board concurs with the rationale and recommendation of the AFBCMR Psychological Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2017-05159 in Executive Session on 6 May 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit F:	Record of Proceedings, w/Exhibits A-E, dated 6 Mar 19.
Exhibit G:	Application, DD Form 149, w/atchs, dated 30 Mar 19.
Exhibit H:	Advisory opinion, AFBCMR Psychological Advisor, dated 29 Feb 20.
Exhibit I:	Notification of advisory, SAF/MRBC to applicant, dated 30 Mar 20. 

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2017-05159, as required by AFI 36-2603, paragraph 4.11.9.