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AF | BCMR | CY1999 | 9901548
Original file (9901548.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-01548

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be processed through the Disability Evaluation System (DES).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letters prepared  by  the
appropriate offices of the Air Force.  Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

Chief, Medical Consultant, AFBCMR, reviewed the application and states  that
a Medical Evaluation Board (MEB) should have been accomplished prior to  her
separation from active duty.  She immediately joined the Reserves,  but  she
had a recurrence of symptoms and was diagnosed with Multiple Sclerosis  (MS)
and met an MEB on 6 July 1999.  Therefore,  the  Chief,  Medical  Consultant
recommends the MEB, dated 6 July 1999 be referred to an  Informal  Physicial
Evaluation Board (IPEB) as was originally planned and  that  disposition  be
made through the disability system as required by regulation.

A complete copy of the Air Force evaluation is attached at Exhibit C.

The  Chief,  Disability   Operations   Branch,   AFPC/DPPD,   reviewed   the
application  and  states  the  applicant  is  not  currently  eligible   for
processing through the DES since  she  has  not  been  on  orders  while  in
Reserve status or entitled to basic pay when she was  diagnosed  for  MS  in
March 1999.

A complete copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  After  thoroughly  reviewing  the
evidence of record, we believe there is sufficient doubt as  to  whether  or
not the applicant  would  have  been  placed  on  the  Temporary  Disability
Retired List (TDRL) had she met an MEB prior to her separation  from  active
duty.  In this respect, we note that while on  active  duty,  the  applicant
had early manifestations of MS.  However,  it  was  felt  that  she  had  an
isolated episode of transverse myelitis,  a  demyelinating,  but  supposedly
self-limited, disease of the central nervous system.  Due to her  condition,
she was prepared for an MEB; however, this was  not  accomplished  prior  to
her separation from  active  duty.   After  her  separation,  the  applicant
immediately joined the Reserves and had a recurrence of  her  symptoms.   It
was at that time, that she was diagnosed  with  MS.   The  comments  of  the
Chief Medical Consultant are noted; however, since the applicant was not  on
official orders while in a Reserve status or entitled to basic  pay  at  the
time of  her  diagnosis,  she  is  ineligible  for  processing  through  the
disability system.  Therefore, based on the totality of the evidence  before
this Board and in an effort to remove any possibility of  an  injustice,  we
recommend that she be found unfit  and  placed  on  the  TDRL,  effective  1
October 1998. Therefore, we recommend the applicant’s records  be  corrected
to show that she was placed on the TDRL which will  allow  for  reevaluation
of her condition.


THE BOARD RECOMMENDS THAT:

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

      a.    On 30 September 1998, she was found unfit to perform the  duties
of her office, rank, grade  or  rating  by  reason  of  physical  disability
incurred while entitled to receive basic pay;  that  the  diagnosis  in  her
case   was   transverse   myelitis,   secondary   to   acute    disseminated
encephalomyelitis, VA Code 8010, rated at 30%; that the  disability  may  be
permanent; that the disability was not  due  to  intentional  misconduct  or
willful neglect; that the disability was not incurred  during  a  period  of
national emergency; and that the disability was  not  received  in  line  of
duty as a direct result of armed conflict.

      b.    She was not released from active duty on 30 September 1998,  but
on 1 October 1998, her name was placed on the Temporary  Disability  Retired
List (TDRL).


The following members of the Board considered this application in  Executive
Session on 28 October 1999, under the provisions of AFI 36-2603:

                  Mr. Terry A. Yonkers, Panel Chair
                  Ms. Barbara J. White-Olson, Member
                  Mr. Lawrence R. Leehy, Member
                 Mr. Phillip E. Horton, Examiner (without vote)

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 8 Jun 99, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dated 4 Aug 99.
      Exhibit D.  Letter, AFPC/DPPD, dated 1 Sep 99.




             TERRY A. YONKERS
                                  Panel Chair

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