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AF | BCMR | CY1999 | BC-1993-03005A
Original file (BC-1993-03005A.DOC) Auto-classification: Denied

                                  ADDENDUM
                                     TO
                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  93-03005
                 INDEX CODE:  108

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

RESUME OF CASE:

On 26 January 1995, the Board considered, and denied,  an  application
from  subject  applicant.   Applicant  requested  that   her   medical
discharge,  on  30  November  1992,  be  reclassified  as  a   medical
retirement.  The Board, after reviewing the  evidence  of  record  and
applicant’s submission, concluded that they found no evidence  in  the
record which substantiated that the applicant’s discharge by reason of
physical disability was improper or based on  invalid  considerations.
The Board noted that, by law, the Air Force rates  disabilities  based
on their condition at the time of  permanent  disposition.   The  DVA,
however, is responsible for evaluating  changes  in  service-connected
medical condition of eligible veterans after they are  separated  from
the service.   The  Board  found  no  compelling  basis  to  favorably
consider the applicant’s appeal.  The applicant’s case was denied.  (A
copy of the Record of Proceedings (ROP) is attached at Exhibit G).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She is asking for a medical retirement versus a medical  discharge  in
light of the new information from the Social Security  Administration,
the Veterans Administration and medical  records  from  the  New  York
Veterans Hospital Persian Gulf Program.

At the time the decision was made to discharge her, the decision of  a
medical discharge was based only on the diagnosis of her back  injury.
However, her post-traumatic stress disorder (PTSD) symptoms  were  not
at all considered at the time and its affects on her quality  of  life
since her separation from the U. S. Air Force Reserve.

Applicant’s submission is attached at Exhibit H.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, Medical  Advisor  SAF  Personnel
Council, states that the applicant  was  appropriately  evaluated  and
rated for the symptoms she presented, and at no time in  the  Physical
Evaluation  Board  (PEB)  processing  did  she   ever   indicate   any
psychological issues relating to her Desert  Storm  experiences.   Her
sole problem through her evaluation process was her  buttock  and  leg
pain. Only  after  she  had  accepted  separation  did  she  begin  to
experience mood changes once she realized that  she  had  been  denied
retirement privileges.  The subsequent onset of “Post-Traumatic Stress
Disorder (PTSD),”  that  was  diagnosed  in  1995/96,  for  which  the
Department of  Veterans  Affairs  (DVA)  has  granted  50%  disability
compensation was nowhere found to be present prior to her  separation,
or for at least two (2) years  thereafter  according  to  her  medical
records.  A member who is found unfit for  further  military  duty  is
rated based on the condition at the time of final rating, and  not  on
the possibility of developing other problems in the future.  The  BCMR
Medical Consultant is of the opinion that no change in the records  is
warranted and the application should be denied.

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


_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
24 February 1999 for review and response within 30 days.  As  of  this
date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice.  After a thorough review  of
the  evidence  of  record  and  applicant’s  submission,  we  are  not
persuaded that her medical  discharge  should  be  reclassified  as  a
medical retirement.  Her contentions are duly noted;  however,  we  do
not find  these  uncorroborated  assertions,  in  and  by  themselves,
sufficiently persuasive to override the rationale provided by the  Air
Force.  As stated in our previous findings, this Board concluded  that
they found no evidence in the  record  which  substantiated  that  the
applicant’s discharge by reason of physical disability was improper or
based  on  invalid   considerations.    The   applicant’s   additional
contention that her post-traumatic  stress  disorder  (PTSD)  symptoms
were not at all considered at  the  time  of  her  discharge  and  its
affects on her quality of life, is noted.  However, as stated  by  the
BCMR Medical Consultant, the applicant was appropriately evaluated and
rated for the symptoms she presented at the time of discharge  and  at
no time in the Physical Evaluation Board (PEB) processing did she ever
indicate any psychological issues relating to PTSD.  In point of fact,
a review of her medical records  indicates  that  the  onset  of  PTSD
symptoms did not even occur until at least  two  years  after  her  30
November 1992  discharge.   We  believe  she  is  being  appropriately
compensated by the Department of Veterans Affairs (DVA).  We therefore
agree with the recommendations of  the  BCMR  Medical  Consultant  and
adopt the rationale expressed as the basis for our decision  that  the
applicant has failed to sustain  her  burden  that  she  has  suffered
either an error or an injustice.  Therefore,  we  find  no  compelling
basis to recommend granting the relief sought.

_______________________________________________________________________
_____________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_______________________________________________________________________
_____________________

The following members of the  Board  considered  this  application  in
Executive Session on 7 June 1999, under the provisions of AFI 36-2603.

                  Mr. Oscar A. Goldfarb, Panel Chair
                  Mr. Benedict A. Kausal IV, Member
                  Mr. John L. Robuck, Member

The following documentary evidence was considered:

   Exhibit G.  ROP, dated 26 Jan 95.
   Exhibit H.  DD Form 149, dated 26 May 98, w/atchs.
   Exhibit I.  Letter, BCMR Medical Consultant, dated 23 Feb 99.
   Exhibit J.  Letter, AFBCMR, dated 24 Feb 99.




                                   OSCAR A. GOLDFARB
                                   Panel Chair

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