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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