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AF | BCMR | CY2002 | 0200049
Original file (0200049.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00049
            INDEX CODE:  110.00

            COUNSEL:  DAV

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her involuntary discharge be changed to a medical discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

In support of her request, the applicant submits a personal  statement
and a copy of her DD Form 214.  The applicant’s  complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted her enlistment in the Regular Air Force on 22 Sep
99 for a period of four  years.   On  9  Feb  01,  she  was  honorable
discharged in the grade of airman (E-2) under the provisions of AFI 36-
3208 (unsatisfactory performance).  She had completed  a  total  of  1
year, 4 months and 18 days of active  duty  service  at  the  time  of
discharge.

The remaining relevant facts pertaining to this application, extracted
from the applicant’s military records, are contained  in  the  letters
prepared by the appropriate offices of the Air Force at Exhibits C and
D.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant recommends the  application  be  denied.
The AFBCMR Medical Consultant stated  that  the  applicant  had  three
issues  at  the  time  of  her  discharge:   her  unsatisfactory  duty
performance, an adjustment  disorder  and  recurrent  blackout  spells
(syncope).  The applicant’s blackout spells remained unexplained after
medical evaluation.  It was suggested that they may have been  related
to psychologic stress and there appeared to be dramatic improvement on
treatment with the sedative drug clonazepam.  Given this  information,
it is reasonable that her physicians felt that no  further  evaluation
or medical evaluation board was necessary at that time in Dec  00  for
her history of passing out.  No further contact with medical personnel
appeared to have occurred between the neurology evaluation in  Dec  00
and the time of her discharge from the Air Force in early Feb 01.   It
appears  that  a  proper  evaluation  was  performed  by  her   family
physician.  In this case, the administrative discharge  intervened  in
the course of the applicant’s problem with syncope, which at the  time
appeared to have improved and no longer represented an active  medical
issue.  The applicant was diagnosed with an adjustment  disorder  that
rendered her unsuitable for further military service  and  could  have
been a reason by itself for administrative action.

In order to  be  eligible  for  enrollment  for  VA  health  care,  an
individual must have been  discharged  from  active  military  service
under honorable conditions and served  a  minimum  of  two  years,  if
discharged after 7 Sep 80.  The applicant served 1 year, 4 months  and
18 days.  Even if she had undergone a Medical Evaluation Board  (MEB),
it would seem that she still  would  not  be  eligible  for  veterans’
health benefits.  It is unlikely her syncope  would  have  been  rated
higher than 10% since it did not interfere  with  her  performance  of
duty, especially if it was determined to have been associated with her
adjustment disorder.  The AFBCMR Medical Consultant is of the  opinion
that the action and disposition in this case appear to be  proper  and
equitable,  reflecting  compliance  with  Air  Force  directives  that
implement the law.

The AFBCMR Medical Consultant’s evaluation is at Exhibit C.


HQ AFPC/DPPD recommends the application be denied.  DPPD  stated  that
the applicant’s military records confirm she was never referred to the
Air Force Disability Evaluation System.   The  applicant’s  Adjustment
Disorder is an unsuiting rather than unfitting condition for  military
service and  is  not  considered  compensable  or  ratable  under  the
provisions of military  disability  laws  and  policy.   After  having
discussed the applicant’s eligibility for medical care with the  local
Department of Veterans Affair (DVA), it was recommended that she apply
to the DVA Regional  Office  in  Buffalo,  NY,  to  have  her  medical
conditions classified  as  service-connected.   Once  this  action  is
approved, she should be eligible  to  receive  medical  treatment  and
compensation under the  provisions  of  Title  38,  USC,  at  any  DVA
facility.  DPPD’s examination of the case file revealed no  errors  or
irregularities during her involuntary  administrative  discharge  that
would justify a change to her military records.  DPPD agrees with  the
Medical Consultant’s evaluation.  The applicant has not submitted  any
material or documentation to show that she was unfit due to a physical
disability under current military disability laws and policy.

The HQ AFPC/DPPD evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  28
June 2002 for review and response.  As of this date, no  response  has
been received by this office (Exhibit E).

_________________________________________________________________

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   careful
consideration of the evidence of record and applicant’s submission, we
are not convinced that the  applicant’s  discharge  was  erroneous  or
contrary to the provisions of the governing Air Force  instruction  at
the time of her separation.  Her contentions are duly noted.  However,
we agree with the opinions and recommendations of the appropriate  Air
Force offices 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.   With  regard  to  the
applicant accessing medical care, we note that she can  apply  to  the
local  Department  of  Veterans  Affair  (DVA)  to  have  her  medical
condition classified as service-connected.  Once approved, she may  be
eligible to receive medical treatment at any DVA facility.  In view of
the above and absent 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 15 August 2002, under the provisions of  AFI  36-
2603:

                  Mr. Thomas S. Markiewicz, Vice Chair
                  Mr. Billy Baxter, Member
              Mr. Philip Sheuerman, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number 02-00049.

   Exhibit A.  DD Form 149, dated 27 Sep 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated
               17 May 02.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 19 Jun 02.
   Exhibit E.  Letter, SAF/MRBR, dated 28 Jun 02.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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