RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00356

XXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her records be corrected to show that she was medically discharged due to asthma.

APPLICANT’S CONTENTIONS

Prior to enlisting in the Air Force, there was no indication or documentation that she had asthma.  However, the asthma was discovered during basic training.  The Department of Veterans Affairs granted her service connection for asthma.  The record is unjust because it does not show that her discharge was due to a service connected medical condition.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air National Guard (ANG) airman first class (E-3).

DD Form 4, Enlistment Document, shows the applicant enlisted in the ANG on 20 Apr 01 for six years.

On 11 Jul 01, the applicant entered active duty for basic training.

A Mental Health Evaluation, dated 20 Jul 01, shows the applicant was diagnosed with “Major Depressive Disorder, Recurrent, Moderate” and a recommendation that she be returned to her command and processed for administrative separation in accordance with (IAW) AFI 36-3208, Administration Separation of Airmen.

On 24 Jul 01, the applicant was honorably discharged after serving 13 days of active service.  Her narrative reason for separation is “Termination of Initial Active Duty Training.”

On 25 Jul 01, the applicant’s commander recommended she be discharge from the Air National Guard for Physical Disqualification IAW AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, Chapter 3, paragraph 3.13.4, Conditions that Interfere with Military Service.  On 26 Jul 01, the applicant acknowledged receipt of the discharge notification and that military counsel was available to assist her.

NGB Form 22, National Guard Bureau Report of Separation and Record of Service, shows that on 1 Mar 02, the applicant was discharged from the Air National Guard under the provisions of AFI 36-3209, paragraph 3.16, Entry Level Performance and Conduct with the corresponding separation code of JGA.

Per VA Rating decision dated 14 Feb 07, the applicant was granted service connection for asthma with reactive airway disease with a 30 percent disability rating effective 15 Aug 06 (the day her claim was received).

For more information, see the excerpt of the applicant’s record at Exhibit B.

AIR FORCE EVALUATION

SAF/MRB Medical Advisor recommends denying the application.  The applicant has not met the burden of proof of error or injustice that warrants the desired change of the record.  The evidence shows the applicant was treated for a separate potentially disqualifying medical condition, asthma; bearing in mind she was confronted with an impending administrative release from training due to her mental disorder.  It is apparent the medical officials determined, on 22 Jul 01 that the applicant’s respiratory condition, while under treatment, no longer interfered with service and, thus, returned her to training status.  The service evidence indicates the applicant’s reason for discharge from the ANG was due to Physical Disqualification, IAW AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, paragraph 3.13.4 Conditions that Interfere with Military Service.  Thus, as a separate matter, although the applicant was diagnosed with an Axis I mental disorder, Major Depressive Disorder, based collectively upon the recommendation of the mental health provider to administratively separate the applicant in the Mental Health Evaluation, and the reference to discharge under authority of AFI 36-3209, paragraph 3.16, by reason of Entry Level Performance and Conduct, on her NGB-Form 22, the Medical Advisor opines the provider likely intended to classify the discharge under character and behavioral disorders; conditions not considered a disability.  Finally, the applicant is advised that the Military Department only offers compensation for service-incurred medical conditions that are the cause for career termination; whereas, operating under Title 38, United States Code (U.S.C.), the VA is authorized to offer compensation for any medical condition determined service-connected, without regard to administrative determinations made by the Military Department. In the case under review, the Military Department found the applicant’s mental condition(s) the appropriate basis for discharge.

The complete advisory opinion is at Exhibit C.

ADDITIONAL AIR FORCE EVALUATION

The AFBCMR Psychological Advisor recommends denying the application.  The applicant made no request or contentions regarding her mental health condition(s); however, a mental health advisory was requested due to the applicant having an extensive mental health history causing her discharge from the ANG.  The Psychological Advisor finds no error in the applicant’s discharge processing from service.  There was ample evidence in her records that her mental health conditions existed prior to service (EPTS) and the VA even reported her conditions were not aggravated by military service.  Furthermore, there was clear evidence she admitted to knowingly omit pertinent information about her past psychiatric history from her enlistment paperwork in order to gain entry into the ANG and therefore, is considered fraudulent entry.  Lastly, liberal consideration is not applied to the applicant’s request as her mental health conditions were found to be EPTS and not aggravated by military service, which is exempt from the policy.  Based on an exhaustive review of the records, there is no error in the applicant’s discharge processing and insufficient evidence that her mental health conditions met the criteria for a medical discharge.  She had disqualifying and unsuiting conditions that met the criteria for an administrative discharge, which she appropriately received.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS

The Board sent a copy of the advisory opinions to the applicant on 26 Oct 20 for comment (Exhibit E), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of SAF/MRB Medical Advisor and the AFBCMR Psychological Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2020-00356 in Executive Session on 27 Nov 20:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 5 Feb 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, SAF/MRB Medical Advisor, dated 8 Oct 20.
Exhibit D:	Advisory opinion, AFBCMR Psychological Advisor, dated 20 Oct 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 26 Oct 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.