RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02713
                             INDEX CODE:  108.04

                             COUNSEL:  BRAIE G. POORE

                             HEARING DESIRED: NO


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APPLICANT REQUESTS THAT:

His disability discharge  be  set  aside  and  he  be  awarded  a  permanent
disability retirement.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been medically retired due to his major depressive disorder.

In support of his request, he submits medical documentation.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 24 August 1987 in  the  grade
of airman basic for a period of four years.  His last reenlistment was on  1
January 1992 in the grade of staff sergeant for a period of four years.

On 18  November  1997,  a  Medical  Evaluation  Board  (MEB)  diagnosed  the
applicant  as  having  obsessive   compulsive   disorder,   alcohol   abuse,
benzothiazine abuse, and right knee ACL reconstruction  and  posterior  horn
lateral meniscus complex tear arthroscopy (27 May  1997)  with  satisfactory
rehabilitation progress.  The Board recommended  referral  to  the  Informal
Physical Evaluation Board (IPEB).

On 11 December 1997, the IPEB diagnosed the applicant with the following:

Category I - Unfitting conditions which are compensable and  ratable;  Major
depressive   disorder   associated   with   obsessive-compulsive   disorder.
Definite social and industrial adaptability impairment.  EPTS  with  service
aggravation.  Current rating 30%, less EPTS and aggravating factor 20%,  and
total compensable rating 10%.

Category II - Conditions  that  can  be  unfitting  but  are  not  currently
compensable or ratable:  Status post May  1997  anterior  cruciate  ligament
reconstruction, right knee.

Category III  -  Conditions  that  are  not  separately  unfitting  and  not
compensable or ratable:  Alcohol abuse and Drug (Benzothiazine) abuse.

On 15 December 1997, the applicant concurred with the findings of the IPEB.

On 17 December 1997 officials with the Office of the Secretary  of  the  Air
Force  (OSAF)  determined  applicant  was  physically  unfit  for  continued
military service.

Applicant was honorably discharged on 28  January  1998,  in  the  grade  of
Staff Sergeant, under the provisions of AFI 36-3212  (Disability,  Severance
Pay).  He had completed 10 years, 5  months  and  5  days  of  total  active
military service.  He received $33,714.00 in Disability Severance Pay.

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AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, reviewed this application  and  states
that the  applicant  was  first  seen  for  psychiatric  problems  in  1994,
essentially  exhibiting  the  same  symptoms  as  were  later  found  to  be
unfitting for continued service,  obsessive-compulsive  and  depressed  mood
disorders with suicidal ideation.  He remained under  psychiatric  care  for
the  ensuing  three  years,  but  worsening  symptoms  began  to   seriously
interfere with his military  duties.   He  admitted  to  similar  depressive
moods prior to entering the military and gave a family history of  extensive
psychiatric disturbance among many members.  He was hospitalized  from  9-16
September  1997  under  psychiatric  care  and   recommended   for   Medical
Evaluation Board processing which took place on 18 November 1997.

The reason the applicant could be given a  certain  disability  rating  from
the Air Force and later be granted a higher service-connected disability  by
the  Department  of  Veterans  Affairs  (DVA)  lies  in  understanding   the
differences between Title 10,  U.S.C.,  and  Title  38,  U.S.C.   Title  10,
U.S.C.,  Chapter  61  is  a  federal  statute  that  charges   the   Service
Secretaries with maintaining a fit and vital force.  For  an  individual  to
be considered unfit for military service, there must be a medical  condition
so severe that it prevents performance of any work  commensurate  with  rank
and  experience.   Once  this  determination  is  made,  namely   that   the
individual  is  unfit,  disability  rating  percentage  is  based  upon  the
member’s condition at the time of permanent disposition.  In this  instance,
the applicant’s condition at the time of final disposition was  felt  to  be
“definite” for social and industrial impairment, a level warranting the  30%
award that was decided.  It was  appropriate  for  the  Physical  Evaluation
Board (PEB) to deduct for existed prior to service (EPTS)  and  alcohol/drug
effects bringing the rating to its final 10% level.  The DVA, on  the  other
hand, appears to have been  generous  in  their  appraisal  that  found  him
“severe” in his presentation at their initial evaluation in September  1998,
just a year after the applicant’s military  hospitalization  where  extended
observation resulted in the lower assessment.  This  decision  has  remained
in effect to their latest rating dated 31 May 2000.  Congress,  very  wisely
recognized that a person can acquire physical conditions that, although  not
unfitting at the time of separation, may  later  progress  in  severity  and
alter the individual’s lifestyle and future  employability.   With  this  in
mind, Title 38,  U.S.C.  which  governs  the  DVA  compensation  system  was
written to allow awarding compensation ratings for conditions that  are  not
unfitting for military service.  This is the reason why  an  individual  can
be found unfit for service at a  certain  level,  and  yet  soon  thereafter
receive a higher compensation rating from  the  DVA  for  service-connected,
but military non-unfitting conditions.  The addition of  a  rating  for  the
applicant’s knee condition is based on this principle, the  knee  not  being
found unfitting at the time of PEB evaluation.

Evidence  of  record  establishes  beyond  all  reasonable  doubt  that  the
applicant  was  properly  evaluated  and  rated,  that  separation  at   the
established  disability  level  was  appropriate,  and  that  no  error   or
injustice occurred in this case.  Therefore, 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 C.

The  Chief,  Special  Actions/BCMR  Advisories,  USAF  Physical   Disability
Division, Directorate of Personnel Program Management,  HQ  AFPC/DPPD,  also
reviewed this application and states that  the  disability  records  reflect
the applicant was presented before an Medical Evaluation Board (MEB)  on  18
November 1997, and  referred  to  the  Informal  Physical  Evaluation  Board
(IPEB).  Upon reviewing the preponderance of evidence, the Board  found  the
member unfit for continued  military  service  with  a  diagnosis  of  major
depressive disorder associated with an obsessive-compulsive disorder, and  a
definite social and  industrial  adaptability  impairment.   The  disability
rating for his medical condition was initially rated at 30% disabling  under
the  Veterans  Administration  Schedule  for  Rating  Disabilities  (VASRD);
however, the Board elected to deduct 20%  for  his  condition  due  to  EPTS
(existed prior to service) and aggravating  factors  (member’s  alcohol  and
drug abuse),  ruling  that  some  service  aggravation  existed  during  his
military service.  Following their evaluation, the Board recommended  he  be
discharged with severance pay with a  10%  disability  rating.   The  member
concurred with the IPEB’s findings and recommendation, and officials  within
the Office of the Secretary of the Air Force directed that he be  discharged
with severance pay with a 10% disability  rating  under  the  provisions  of
Title 10,  U.S.C.,  Section  1203.   Applicant’s  request  to  increase  his
disability rating to qualify for a  permanent  military  medical  retirement
appears to be based on his Department of Veterans Affairs (DVA)  rating  and
a common misunderstanding of the differences between Titles  10  and  38  of
the USC.  The Air Force and DVA disability systems  operate  under  separate
laws.

Following a thorough review of the case, they determined the  applicant  was
treated  fairly  throughout  the  entire  military   disability   evaluation
process, that he was properly rated  under  federal  disability  guidelines,
and that he was afforded a full and fair hearing as required under  military
disability laws and policy.  The medical aspects  of  this  case  are  fully
explained by the Medical Consultant; they agree with his advisory.

They recommend denial of  the  applicant’s  request.   The  member  has  not
provided any material or documentation to show he was  improperly  rated  or
processed under the provisions of military disability  laws  and  policy  at
the time of his disability discharge

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluations and states  that  he  was  not  in  a
proper physical or mental state of mind to correctly  assess  his  situation
at the time of his discharge.  He began to see a  private  psychiatrist  and
psychologist on 9 March 1998--he was discharged  on  28  January  1998.   He
would like to point out  the  fact  that  their  evaluation  of  his  severe
condition and that  of  the  Air  Forces  came  within  five  weeks  of  his
separation  from  the  Air  Force.    He   is   contending   that   he   was
psychologically grossly impaired and that his rating of 30% disabled at  the
time of his  separation  was  misdiagnosed  and  under  evaluated.   He  did
receive $33,700 that has long been recouped by the  Air  Force  due  to  the
fact that he was evaluated by the Veteran’s Administration upon his  release
and found to be 70% disabled psychologically which was found to  be  service
aggravated.  He was also rated 20% disabled due to his  reconstructive  knee
surgery while still on active duty.  He was initially evaluated  by  the  VA
in September 1998 within a year of his evaluation by  the  medical  team  at
Wilford Hall Medical center.  The DVA assessment was the true assessment  of
his psychological condition.  In reference to his abuse of alcohol and anti-
anxiety medication, he states that the these things were supplied to him  by
his father.  He was undergoing a major clinical  depression  with  psychotic
and suicidal ideology, his mental processes were in an upheaval and  he  was
fighting just to survive.  This does not excuse his  abuses,  but  he  hopes
that it does explain them as a tool in his trying to stave off  suicide  and
his psychotic demons.  He states  that  he  served  his  country  faithfully
during his almost 11 years of service and as a Desert Storm veteran.

The applicant’s complete response, with attachment, is attached  at  Exhibit
F.

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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.   We  took  notice   of   the
applicant's complete submission in judging the merits of the case;  however,
we agree with the opinion and recommendation of  the  Air  Force  and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been  the  victim  of  an  error  or  injustice.   The  Physical  Evaluation
Evaluation Board (PEB) found the  applicant  unfit  for  continued  military
service for a diagnosis of major  depressive  disorder  associated  with  an
obsessive-compulsive  disorder,  and  a  definite  social   and   industrial
adaptability impairment.  The disability rating for  his  medical  condition
was initially rated at 30%; however, the Board elected  to  deduct  20%  for
his condition due  to  existed  prior  to  service  (EPTS)  and  aggravating
factors (alcohol and drug  abuse),  ruling  that  some  service  aggravation
existed during his military service.  The PEB’s recommendation was  for  the
applicant to be discharged  with  severance  pay  ($33,700.00)  with  a  10%
disability  rating.   The  applicant  was  properly  evaluated  and   rated,
separation at the established disability level was appropriate.   Therefore,
in the absence of evidence to the contrary, we find no compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

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 26 April 2001, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Nancy W. Drury, Member
                  Mr. John E. Pettit, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 Oct 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 18 Jan 01.
   Exhibit D.  Letter, AFPC/DPPD, dated 14 Feb 01.
   Exhibit E.  Letter, SAF/MIBR, dated 2 Mar 01.
   Exhibit F.  Letter, Applicant, dated 5 Apr 01, w/atch.




                                RICHARD A. PETERSON
                                Panel Chair