RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  01-01553
            INDEX CODE 108.01  108.02
            COUNSEL:  Gregory M. Jones, DAV

            HEARING DESIRED:  Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her 1999 involuntary honorable discharge for personality  disorder  be
changed to a medical retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She underwent  several  Medical  Evaluation  Boards  (MEBs)  for  post
traumatic stress disorder (PTSD) and all returned her to duty. She was
administratively discharged for  personality  disorder,  but  she  was
never diagnosed with personality disorder.  She has a  70%  disability
rating for service-connected PTSD  from  the  Department  of  Veterans
Affairs (DVA).

The applicant's complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The following information was extracted from the  applicant's  medical
and military personnel records.

The applicant entered the US Air Force Academy  (USAFA)  in  1991.  In
1992 during her second year, she took  an  emergency  leave  from  her
studies in the fall, stating that she was being harassed by  an  upper
classman and she needed to look after her  younger  sister  while  her
mother was away. The following spring she returned to  the  USAFA  and
successfully completed two academic semesters.

Between Nov 94 and Mar 95, she was an undercover operative aiding  the
Air Force Office of Special Investigations (AFOSI) in its  prosecution
of a male cadet who  was  suspected  of  sexually  assaulting  another
female cadet. During this time she had a video camera in her room  and
at times wore a recording device. Although placed  in  a  position  of
personal risk, she apparently was not adequately prepared  or  trained
for the covert operation. After her  commanding  officer  exposed  her
role in the investigation,  she  received  significant  harassment  by
other male cadets, making her feel threatened and that her  classmates
had turned against her. Protective security measures  were  only  made
available by the administration after a great deal of  effort  on  her
part.

On 6 Oct 95, the applicant reported that in the summer  a  male  cadet
had sexually assaulted her in Texas. She did not press charges against
the offender because of her disillusionment with  the  way  the  USAFA
administration handled these issues.

The applicant was directed to the 10th Medical  Group,  USAFA,  clinic
for evaluation of her complaint of psychological and social  stressors
(including the sexual assault), her suitability for continued  service
at the USAFA, her commissionability upon graduation, and  her  request
to gain  an  administrative  turn-back  for  one  year  prior  to  her
graduation. A 2 Nov 95  mental  health  evaluation  diagnosed  her  as
having adjustment disorder with  mixed  disturbance  of  emotions  and
conduct. The Chief, Mental Health Services, felt she  had  promise  of
being a capable officer  when  her  confidence  and  equilibrium  were
regained. He recommended she be allowed a year of medical turn-back so
she could heal and regain her full capacity for  continued  enrollment
at the USAFA and future commissioning.

An 8 Nov 95 USAFA Cadet MEB Summary concurred with the  psychiatrist's
evaluation and recommendation. On 17 Nov 95 an  MEB  convened  at  the
USAFA, concurred with the diagnosis of adjustment disorder with  mixed
disturbance of  emotions  and  conduct,  and  recommended  a  one-year
medical turn-back. The recommendation was approved on 20 Nov 95.

On 14 May 97, an MEB convened at the USAFA and found the applicant had
made a significant recovery in her  initial  diagnosis  of  adjustment
disorder. She was diagnosed as having adjustment disorder  with  mixed
anxiety and  depressed  mood.  The  MEB  recommended  a  commissioning
waiver. The medical waiver was approved on 23 Jun 97.

The applicant was commissioned a  2nd  lieutenant  on  1  Aug  97  and
entered extended active duty with assignment to the Space and  Missile
Systems Center (SMC) at Los Angeles AFB, CA, as a quality consultant.

In accordance with USAFA guidance, the applicant was to  be  medically
separated if any additional emotional problems arose.  An  18  May  98
memo by a staff psychiatrist at Los Angeles AFB  noted  the  applicant
complained of depressive symptoms and problems adjusting  to  military
life, especially when recollecting past problems  at  the  USAFA.  The
psychiatrist recommended she be referred to an MEB.

On 19 May 97, an MEB found the applicant not world-wide qualified  and
recommended she be referred to an Informal Physical  Evaluation  Board
(IPEB). In a  letter  dated  26 May  98,  the  applicant's  supervisor
indicated that the applicant was unable to satisfy duty requirements.

On 15 Jun 98, the applicant received a Letter of Reprimand (LOR)  from
the SMC commander for failing to go to her  appointed  place  of  duty
between 9-30 Mar  98,  and  for  writing  three  bad  checks  totaling
$2,025.00 between 3 Nov 97 and 3 Mar 98. The letter was filed  in  her
Unfavorable Information File (UIF).

On 18 Jun 98, the IPEB found her fit and she was returned to duty.

On 6 Jul 98, the staff psychiatrist advised the SMC commander that the
applicant's condition significantly continued to impair her ability to
function in a military environment.  He  diagnosed  her  as  having  a
personality  disorder,  not  otherwise  specified,   and   recommended
administrative separation.

On 27 Jul 98, the psychiatrist revised his diagnosis of the  applicant
to reflect major depressive disorder rather than adjustment disorder.

On 6 Aug 98, an MEB convened at Los Angeles AFB and diagnosed  her  as
having major depressive disorder which appeared chronic and  resistant
to treatment. The MEB recommended referral to an IPEB. On 26  Aug  98,
she was profiled as not  world-wide  qualified  for  major  depressive
disorder.

On 1 Sep 98, the Officer Performance Report (OPR) for the period 1 Aug
97 through 2 Aug 98 was referred to the applicant. She  did  not  meet
standards  in  the  performance  factors  of  professional  qualities,
organizational skills and judgment and decisions.  Comments  from  the
applicant were requested but not received within the required time.

On 28 Oct  98,  the  staff  psychiatrist  continued  to  diagnose  the
applicant  as  having  major  depressive  disorder,   unchanged   with
medications and psychotherapy, and recommended she  be  released  from
active duty due to the chronic nature of her illness.  She  was  again
profiled as not worldwide qualified for this disorder.

On 9 Nov 98, the IPEB found her fit with an adjustment disorder  which
existed prior to service (EPTS) at the USAFA and  recommended  she  be
returned to  duty.  The  IPEB  opined  that  the  applicant's  current
problems were situational in  nature  and,  under  the  provisions  of
disability law and policy, were not unfitting, ratable or compensable.
The IPEB  indicated  that  her  major  depressive  disorder  could  be
unfitting but was not currently compensable or ratable.

However, in a memo  dated  2 Nov  98,  the  staff  psychiatrist  again
diagnosed her with major depressive disorder, chronic and resistant to
treatment, and  personality  disorder,  not  otherwise  specified.  He
recommended   to   the   SMC   commander   that   the   applicant   be
administratively separated if she  did  not  successfully  appeal  the
IPEB's determination.

On 15 Dec 98, the SMC commander notified the applicant of  his  intent
to  initiate  discharge  action  because  of  mental  disorders   that
interfere  with  her  duty  performance.  The  applicant  acknowledged
receipt on 6 Jan 99.  [The applicant's military personnel record  does
not contain any documents regarding the discharge action  beyond  this
point. The  microfiche  contain  almost  totally  illegible  documents
subsequent to the notification letter,  to  include  a  legal  review;
however, these documents are virtually impossible to read  and  cannot
be reproduced].

On 3 Jul 99, the applicant was involuntarily separated in the grade of
2nd lieutenant with an honorable discharge. She had 1 year, 11  months
and 3 days of active service. Her separation program  designator  code
was "GFX" and the narrative reason was "Personality Disorder."

On 3 Apr 00, she received a DVA disability rating of 70% for  service-
connected PTSD.
_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant notes that while  it  appears  that  the
applicant did suffer some psychological trauma at the USAFA, incidents
that occur in this setting are not eligible for disability retirements
or discharges as cadets are not considered in active status  receiving
basic military pay, a prerequisite for such  consideration.   This  is
not to say that the DVA cannot refer  to  such  events  in  their  own
evaluations, and this is the reason she can now carry a 70% disability
while being ineligible  for  consideration  of  disability  separation
based on the pre-existing nature of her diagnosis prior  to  entry  on
active duty. She was diagnosed by  competent  medical  authority  with
unsuiting (not unfitting)  psychological  conditions  (adjustment  and
personality   disorders).    She    was    appropriately    discharged
administratively for these conditions. The Consultant  indicates  that
while it may be somewhat difficult to reconcile the EPTS nature of her
PTSD/depression with  her  ineligibility  for  disability  separation,
there has been no  error  or  injustice  in  how  her  separation  was
accomplished.  Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPD advises that personality and adjustment disorders do  not
constitute a physical disability  under  the  provisions  of  military
disability laws and policy. These conditions are considered  unsuiting
rather than unfitting and are not ratable or compensable under Chapter
61, Title 10, USC. HQ AFPC/DPPD explains the differences  between  the
Air Force and the DVA disability systems. They concur with the Medical
Consultant's advisory and also recommend denial.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 15 Mar 02 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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 error or injustice to warrant  partial  relief.   The
AFBCMR Medical Consultant and HQ AFPC/DPPD advise that the applicant’s
psychological  traumas  cannot  receive   disability   retirement   or
discharge consideration because they occurred at the USAFA before  she
entered active  duty,  and  that  her  involuntary  discharge  is  not
erroneous. While technically  this  may  be  true,  we  believe  these
constraints have led to  an  injustice.   The  applicant  was  clearly
traumatized as a cadet and was placed on a one-year medical turn-back.
In 1997, an MEB at the USAFA diagnosed her  as  having  an  adjustment
disorder with mixed anxiety  and  depressed  mood,  but  because  they
believed she  had  made  a  significant  recovery,  she  was  given  a
commissioning waiver.  However, within a  year  she  began  displaying
worsening emotional problems and, on 27 Jul 98, the staff psychiatrist
diagnosed her as having a major depressive disorder. The 6 Aug 98  MEB
came to the same conclusion. She was  profiled  for  major  depressive
disorder  several  times.  On  28 Oct  and  23  Nov  98,   the   staff
psychiatrist continued to diagnose her as having  a  major  depressive
disorder and indicated that her condition significantly  impaired  her
ability to function in a military environment. With the  advantage  of
hindsight, perhaps the  applicant  should  never  have  been  given  a
commissioning waiver.  In any event, we believe the possibility exists
that her mental and emotional state were exacerbated by the demands of
military duty  and  that  at  the  time  of  her  discharge  the  more
appropriate diagnosis ought to have been  major  depressive  disorder,
rather than adjustment/personality disorder.  The applicant’s  request
for a medical retirement was considered;  however,  in  our  view  the
degree of her unfitness at the time of her separation did not  warrant
a rating of 30% or more. Therefore, we recommend her  records  reflect
that she was found unfit to perform her duties due to major depressive
disorder, with a disability rating of 10%, and that she was discharged
under the provisions of AFI 36-3212 for disability with entitlement to
severance pay.

_________________________________________________________________

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 2 July 1999, 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 is Major Depressive Disorder, disability  rating  10%,  VASRD
code 9434; that the disability was permanent; that the disability  was
not due  to  intentional  misconduct  or  willful  neglect;  that  the
disability was not incurred during a period of  unauthorized  absence;
and that the disability was not received in line of duty as  a  direct
result of armed conflict.

      b.  On 3 July 1999,  she  was  honorably  discharged  under  the
provisions  of  AFI  36-3212  and  was  issued  a  separation  program
designator code of “JFL” with a narrative  reason  for  separation  of
“Disability – Entitlement to Severance Pay.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 22 May 2002 under the provisions of AFI 36-2603:
                 Mr. Roscoe Hinton, Jr., Panel Chair
                 Mr. Laurence M. Groner, Member
                 Ms. Martha Maust, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  01-
01553 was considered:

   Exhibit A. DD Form 149, dated 27 Nov 01, w/atchs.
   Exhibit B. Applicant's Master Personnel Records.
   Exhibit C. Letter, AFBCMR Medical Consultant, dated 25 Jan 02.
   Exhibit D. Letter, HQ AFPC/DPPD, dated 7 Mar 02.
   Exhibit E. Letter, SAF/MRBR, dated 15 Mar 02.




                                   ROSCOE HINTON, JR.
                                   Panel Chair



AFBCMR 01-01553




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

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

           a.  On 2 July 1999, 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 is Major Depressive Disorder, disability rating
10%, VASRD code 9434; that the disability was permanent; that the
disability was not due to intentional misconduct or willful neglect;
that the disability was not incurred during a period of unauthorized
absence; and that the disability was not received in line of duty as a
direct result of armed conflict.

           b.  On 3 July 1999, she was honorably discharged under  the
provisions  of  AFI  36-3212  and  was  issued  a  separation  program
designator code of “JFL” with a narrative  reason  for  separation  of
“Disability – Entitlement to Severance Pay.”





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency