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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