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AF | BCMR | CY2000 | 9901339
Original file (9901339.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-01339
                             INDEX CODE: 108.03

        xxxxxxxxxxxxxxxxxxxxx     COUNSEL: NONE

        xxxxxxxxxxx    HEARING DESIRED: NO

APPLICANT REQUESTS THAT:

Her records be corrected to show that her medical  condition  of  depression
was in the Line of Duty (LOD).

APPLICANT CONTENDS THAT:

In May 1997, her back was injured  while  debarking  from  a  sewage  pumper
truck.  This was clearly a LOD injury and was ruled as such.  She  developed
depression while recuperating from the back injury.  The  depression  formed
the basis of her physical disqualification.  There was never  a  second  LOD
completed regarding depression.    If not for the  back  injury,  she  would
have never suffered from a psychiatric disorder.

In support of  her  request,  she  submits  a  Mental  Health  History  from
xxxxxxxxxxxx, Letter, Worldwide Duty Qualification, undated, Worldwide  Duty
Qualification, dated 6 January 1998, Chronological Record of  Medical  Care,
dated 27 July 1998, and other documentation.

Applicant's complete submission is attached at Exhibit A.

STATEMENT OF FACTS:

In May 1997, applicant, a  Reservist,  while  serving  on  active  duty  was
dismounting a pumper truck ladder.   She jumped off the ladder  and  felt  a
jolt in her back.  She continued to work as the injury did not appear to  be
serious.  As the week went  on,  the  back  pain  worsened  and  she  sought
medical attention the following week.

In August 1997, applicant  was  referred  for  a  mental  health  evaluation
because of depressive symptoms.

On 20 August 1997, applicant was diagnosed  with  “Depressive  Disorder  Not
Otherwise Specified.” In September 1997, she was placed on Prozac.

On 6 January 1998, she completed a Fitness for Duty Evaluation, and  it  was
determined that her depressive disorder was not sufficiently significant  or
serious that it would keep her from being worldwide qualified or  unfit  for
duty.
On 15 June 1998, applicant’s  vice  commander  did  not  recommend  her  for
retention based on her medical condition.

On 22 June 1998, the Directorate,  Health  Services,  xxxxxxxxx,  determined
that the applicant was medically disqualified for worldwide duty, by  reason
of borderline personality depression.

On 21 July 1998, applicant’s injury was determined to be  “In  the  Line  of
Duty.”

On 24 July 1998, the commander advised applicant of her right to choose  the
option of transferring to the Retired  Reserve  in  lieu  of  administrative
discharge and to consult legal counsel; or  waive  the  above  rights  after
consulting with counsel.

On 3 August  1998,  in  accordance  with  Title  10  USC,  Section  1331(a),
applicant elected an early retirement in lieu of separation.  She  requested
to be transferred to the Retired Reserve effective 3 August 1998.

On 3 August 1998, applicant was assigned to the Retired Reserve Section  and
placed on the USAF Reserve Retired List in the grade of  technical  sergant,
under   the   authority   of   AFI   36-3209,   paragraph   3.14,   Physical
Disqualification.  She served a total of  16 years satisfactory service  for
retirement.

AIR FORCE EVALUATION:

The  Director,  Health  Services,  Individual  Reserve  Programs,   ARPC/SG,
reviewed this application and states that the information provided does  not
clearly show a correlation  between  the  documented  back  injury  and  the
medical diagnosis of depression.  The written assessment  by  her  examining
physician  does  not  firmly  support  the  assertions  by  the   applicant.
Therefore, they recommend denial of applicant’s request.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation  and  provided  a  response,
which is attached at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, also  reviewed  this  application  and
states  that  records  are  clear  in  showing  the  applicant’s  depressive
disorder predated the onset of her short-lived back problem and that it  was
not primarily associated with  this  physical  condition.   The  applicant’s
lengthy history of emotional and marital problems apparently came to a  head
at the time of her injury, but it cannot be  concluded  that  this  was  the
proximate cause of her year-long depressive disorder.  Being not  associated
with an injury sustained while  on  active  duty,  the  depressive  disorder
cannot be considered as occurring in the  line  of  duty.   Therefore,  they
recommend denial of applicant’s request.

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

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation  and  provided  a  response,
with attachments, which is attached at Exhibit H.

THE BOARD CONCLUDES THAT:

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

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  probable  error  or   injustice.      After   reviewing   the
circumstances surrounding the applicant’s accident in May 1997, we  are  not
persuaded that her medical condition of depression should  be  “In  Line  of
Duty.”  The BCMR Medical Consultant indicates  that  applicant’s  depressive
disorder predated  the  onset  of  her  back  problem.   Applicant  has  not
presented  persuasive  evidence  to  show  that  her  depressive   condition
resulted solely from her back injury.  It appears that  by  coincidence  her
back injury occurred at approximately the same time she  began  experiencing
her depressive mood; however, records indicate there was a history  of  long
term psychological problems, not related to her back injury.  Therefore,  we
are in agreement with the comments and recommendations of the  BCMR  Medical
Consultant and adopt his rational as the basis for our conclusion  that  the
applicant has failed to sustain her burden of establishing the existence  of
either an error or an injustice warranting favorable action on her  request.


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 10 April 2000, under the provisions of AFI 36-2603:

            Mr. Terry A. Yonkers, Panel Chair
            Ms. Dorothy P. Loeb, Member
            Mr. Charlie E. Williams, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 May 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/SG, dated 6 Jul 99.
   Exhibit D.  Letter, SAF/MIBR, dated 26 Jul 99.
   Exhibit E.  Letter, Applicant, dated 9 Aug 99.
   Exhibit F.  Letter, BCMR Medical Consultant, dated 3 Nov 99.
   Exhibit G.  Letter, SAF/MIBR, dated 10 Nov 99.
   Exhibit H.  Letter, Applicant, dated 16 Nov 99, w/atchs.



                                TERRY A. YONKERS
                                Panel Chair

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