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AF | BCMR | CY2003 | BC-2002-02937
Original file (BC-2002-02937.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02937
            INDEX CODE:  110.02
            COUNSEL: NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed from 2Q,  “personnel
medically retired or discharged”  to  one  that  would  allow  her  to
reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She is fit for duty and fully capable of serving her country, but  the
RE code of 2Q indicates otherwise.  Her health is  not  an  issue  and
will not prevent her from successfully serving.

In support of her request, the applicant submits a copy of a Return to
Work-Excuse Form, and a copy  of  her  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
22 May 1992 for a term of 4 years.  On 17 June 1994, she was  seen  in
the mental health clinic with depressed mood and diagnosed as Phase of
Life Problem, related chronic pain.  A  20 April  1995  mental  health
evaluation diagnosed  Pain  Disorder,  associated  with  psychological
factors; Adjustment Disorder with depressed mood,  No  impairment  for
further military duty, Axis III Back  injury,  IV  Stress  of  ongoing
lawsuit.  She underwent a medical evaluation  board  that  recommended
Returned to Duty and forwarded the case  to  the  Physical  Evaluation
Board.  The informal Physical Evaluation Board determined that she was
unfit for continued duty due to chronic back and cervical pain, status
post  minor  motor  vehicle  accident  with  pain  disorder/adjustment
disorder  with  depressed  mood,  no  organic  findings  or   military
impairment, mild disorder/adjustment disorder with depressed mood,  no
organic findings or military  impairment,  mild  civilian  social  and
industrial impairment, unfit, 10%. The applicant waived her right to a
Formal  Physical   Evaluation   Board   hearing   and   accepted   the
recommendation of the IPEB.

On 10 October 1995, the applicant was discharged from the  Air  Force,
under the provision of AFI 36-3208, (Disability, Severance Pay).   She
served three years, four months and nineteen days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.   Available  Department
of Veterans Administration (DVA) medical documentation shows  that  in
1999 she still reported symptoms of the conditions for which  she  was
disability discharged.  A September 2002 medical return to  work  form
reports no recent problems with migraine headaches.  The documentation
provided is insufficient to show that the applicant  is  now  fit  for
active duty.  Her prolonged  unfitting  chronic  neck  and  back  pain
(manifested by subjective  complaints  with  normal  examinations  and
imaging studies) was refractory to appropriate therapy.  Her pain  was
further  intertwined  with  an  adjustment  disorder.   Although   the
adjustment disorder alone was  not  of  sufficient  severity  to  have
warranted administrative discharge for  unsuitability,  it  aggravated
her chronic pain complaints and  the  conditions  together  interfered
with  duty  performance.   A  prior   history   of   such   militarily
disqualifying symptoms indicates  that  there  is  a  risk  that  such
symptoms  are  likely  to  recur  under  similar  or  other  stressful
circumstances.

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

AFPC/DPPAE recommends denial.  The applicant  received  severance  pay
(10%) due to chronic back and neck  pain  associated  with  adjustment
disorder.   The  RE  code  of  2Q,  “Personnel  medically  retired  or
discharged” is correct.

The DPPAE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
18 July 03, 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 not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of  an  error  or  injustice  to  warrant  changing  her
reenlistment eligibility (RE) code.  Evidence has not been provided in
support of her appeal, which would lead us to believe that a change to
her RE code is warranted.  Therefore, we agree with the  opinions  and
recommendations of the BCMR  Medical  Consultant  and  the  Air  Force
office of primary responsibility and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  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 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  BC-2002-
02937 in Executive Session on 21 October 2003, under the provisions of
AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. Roscoe Hinton, Member
                 Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Aug 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 11 Jun 03.
      Exhibit D. Letter, AFPC/DPPAE, dated 11 Aug 03.
      Exhibit E. Letter, SAF/MRBR, dated 22 Aug 03.




      OLGA M. CRERAR
      Panel Chair

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