RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01796
            INDEX CODE:  108.01
            COUNSEL:  Mr. Al Pettigrew

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reinstated onto active duty and undergo a  Medical  Evaluation  Board
(MEB) evaluation for either a medical discharge  with  severance  pay  or  a
medical retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While serving on an active duty assignment during the period  of  26 May  97
through 22 Apr 00, she injured her back.  After the injury did  not  resolve
by itself, she sought medical treatment and was placed on a medical  profile
due  to  exacerbated  chronic  pain  experienced  with  prolonged  standing,
sitting, lifting, pushing, and pulling.  She started  physical  therapy  and
an MRI was requested.  She was involuntarily  separated  while  her  medical
treatment was ongoing.  Ten days after her separation  the  MRI  was  taken.
She was allowed to continue her physical therapy for 90  days,  after  which
time she was referred to and continued to receive care at the Department  of
Veterans' Affairs (DVA) hospital.

She  requested  Reserve  placement  and  was  scheduled   for   a   physical
evaluation.  However, upon reporting for her  scheduled  appointment,  there
was no record of an appointment for her, even though she  was  assured  that
all the paperwork was done.  She continued  in  her  Reserve  status  hoping
that in time her injury would heal.  Her annual physical was  due  in  April
2001.  Because her injury had not healed like  she  hoped,  she  voluntarily
withdrew so that her medical problems would not become an  issue.   She  has
come to the understanding that since she was receiving physical therapy  she
should have been medically evaluated.  She believes that she was denied  the
MEB process and was not properly counseled on the  options  and  rights  she
was entitled to.

In support of her request, applicant  provided  a  personal  statement,  her
application Health Professions Program application, copies  of  her  Officer
Performance Reports closing 22 Apr 98 and  22  Apr  99,  extracts  from  her
medical records, a copy of her duty schedule, and documents associated  with
her request for copies of her medical records; and, a copy of her DD


Form 214, Certificate  of  Release  or  Discharge  from  Active  Duty.   Her
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the  Air  Force,  on
21 Jan 97.  She has been progressively promoted to  the  grade  of  captain,
having assumed that grade effective and with a date of rank  of  1  Oct  02.
She was voluntarily ordered to extended active duty  (EAD)  on  23  Apr  97.
Her request for extension  of  her  Specified  Period  of  Service  Contract
(SPTC) was denied and on 22 Apr 00, she was released from  active  duty  and
transferred to the Individual Ready Reserve (IRR).  On 7  Aug  00,  she  was
assigned to a Category "A" Ready Reserve  assignment  at  Keesler  AFB,  MS.
She currently has a Reserve mandatory separation date of 19 Sep 11.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The consultant  states  that
despite the physical limitations described in the physical  profiles  issued
by her therapist in the final 2 1/2 months of her  contract,  she  continued
to perform her assigned duties, did not require  hospitalizations,  and  did
not have frequent absences from work for medical  reasons.   A  year  later,
the Reserves issued a physical profile indicating that  she  no  longer  met
medical standards for deployment and she was disqualified from Reserve  duty
participation, presumably because of her low back pain.  The medical  record
entries make no  mention  of  any  specified  injury  or  trauma  until  her
separation physical in March 2000 where she  reports  the  event.   Although
she had been placed on a physical profile  restricting  her  from  strenuous
activity (the renewal of which had been  denied)  there  was  no  convincing
evidence that her back pain was unfitting for continued service.   The  mere
presence of a physical defect or condition does not  qualify  a  member  for
disability retirement or discharge.  The defect  or  condition  must  render
the member unfit for duty, and their military  career  must  have  been  cut
short due  to  the  service  connected  disability.   At  the  time  of  her
separation,  her  low  back  pain  was  not  considered  disqualifying   for
continued service.  For members who are  separating,  medical  hold  is  not
approved for the purpose  of  evaluating  or  treating  chronic  conditions,
performing diagnostic studies, elective surgery or its convalescence,  other
elective treatment of remedial  defects,  or  for  conditions  that  do  not
otherwise  warrant  termination  of  active  duty  through  the   Disability
Evaluation System (DES).  At the time of her separation, her low  back  pain
would not have otherwise resulted in termination of her career had her  SPTC
been extended.  The Medical Consultant evaluation is at Exhibit C.

AFPC/DPPD recommends  denial.   DPPD  states  that  a  physical  examination
conducted on 15 Mar 00 indicates she was medically qualified for  separation
from active duty.  Since the medical authority addressed her  back  pain  at
the  time  of  her  separation  physical,  it  appears  they  felt  she  was
reasonably capable of performing her duties and that her condition  was  not
career or life threatening.  Her present medical status  had  not  curtailed
her  from  performing  her  current  Reserve  military  duties.   A   recent
performance report for the period 23 Apr 99  through  18  Mar  01,  reflects
nothing but laudatory comments concerning her  job  performance  to  include
the highest attainable ratings.  The fact that she has been  treated  for  a
medical condition does not automatically mean  the  condition  is  unfitting
for military service.  Military disability law and  policy  stipulates  that
disability boards can only rate unfitting medical conditions based  upon  an
individual's status at the time of his or her evaluation.  Her records  show
she was reasonably capable of performing her military  duties  right  up  to
her involuntary separation, and her military career was not cut short  as  a
result  of  her  back  injury.   She  has  not  submitted  any  material  or
documentation to show an injustice occurred at the time of her release  from
active duty.  The DPPD evaluation is at Exhibit D.

AFPC/DPPRS recommends denial.  DPPRS states that the  discharge  was  within
the procedural and substantive requirements of the discharge regulation  and
was within the discretion of the discharge  authority.   The  applicant  did
not submit any  new  evidence  or  identify  any  errors  in  her  discharge
processing.  The DPPRS evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and states that she does not agree with  the  facts  and
misleading discussions of  the  evaluations.   In  further  support  of  her
request  she  provided   documents   associated   with   her   request   for
Congressional inquiry, extracts from her  DVA  medical  records,  additional
documents from her military medical records,  and  documentation  associated
with her search for employment.  Her complete submission, with  attachments,
is at Exhibit G.

_________________________________________________________________

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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case; however, we  are  not
persuaded by the evidence provided that the reason for  her  discharge  from
the Air Force was inappropriate, erroneous, or that she  was  denied  rights
to which she was entitled.  We see  no  evidence  which  would  lead  us  to
believe that a physical disability existed at the  time  of  her  separation
that  would  have  disqualified  her  from   worldwide   military   service.
Therefore, since there were no disqualifying medical conditions at the  time
of her separation, we see no reason why she would  have  been  eligible  for
consideration in the  disability  evaluation  system.   In  the  absence  of
persuasive evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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  Docket  Number  02-01796  in
Executive Session on 26 Mar 03, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. James W. Russell III, Member
      Mrs. Carolyn J. Watkins-Taylor, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Apr 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 29 Jul 02.
    Exhibit D.  Letter, AFPC/DPPD, dated 12 Sep 02.
    Exhibit E.  Letter, AFPC/DPPRS, dated 18 Sep 02.
    Exhibit F.  Letter, SAF/MRBR, dated 27 Sep 02.
    Exhibit G.  Letter, Applicant, not dated, w/atchs




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair