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AF | BCMR | CY2003 | BC-2002-03182
Original file (BC-2002-03182.doc) Auto-classification: Denied




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03182
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He  be  granted  full  active  military  retirement,   benefits,   and
entitlements.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was allowed to transfer from active  duty  Air  Force  to  the  Air
National Guard (ANG) with a medical condition that was incurred  while
on active duty.  He states that the ANG has now  requested  a  medical
discharge for him.  Applicant believes it is unfair that after 17 plus
years of service that he not be allowed to retire with benefits.

His complete application, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 14  May  1985  and  was
progressively promoted to the grade of Staff Sergeant (SSgt/E-5)  with
a date of rank of 1 June 1991.  He applied and was transferred to  the
ANG effective 4 May 2000 after 14 years, 11  months  and  21  days  of
active service.  Applicant was promoted in the ANG  to  the  grade  of
Technical Sergeant (TSgt/E-6) with a date of rank of 14 November 2001.


On 10 August 2002, the applicant acknowledged receipt of  Notification
of Action Under AFI  36-3209  that  informed  him  that  he  had  been
determined medically disqualified for worldwide  duty  and  was  being
recommended  for  medical  discharge.   His  supervisor  presented   a
statement regarding his inability to deploy as a direct consequence of
his not being able to don his gas mask due  to  a  documented  phobia.
His supervisor noted that the applicant was considered an asset to the
AGE shop but also noted that there were no non-deployable positions in
AGE.

Applicant  was  medically  discharged  on  13  January  2003  and,  at
discharge, he was not eligible for retired pay at age 60.

_________________________________________________________________


AIR FORCE EVALUATION:

The BCMR medical consultant provided an extensive  evaluation  of  the
applicant’s request and case.  He found that  action  and  disposition
were  proper  and  equitable  reflecting  compliance  with  Air  Force
directives that implement the law and he is of  the  opinion  that  no
change to the applicant’s records is warranted.

The BCMR Medical  Consultant  notes  that  the  applicant  experienced
medical conditions that were not unfitting for continued  service  but
unsuiting only.  His service medical record documents anxiety  attacks
that were present for many years but  at  intermittent  intervals  and
only when wearing the gas mask.  Applicant was seen by  mental  health
in January 1996 and there were no further medical record entries  that
indicated similar problems.  In November 1999, applicant  underwent  a
Periodic Health Assessment (PHA)  where  he  had  the  opportunity  to
address his anxiety and panic attacks on an AF Form 422 but failed  to
do so.  Consequently he was declared fit for worldwide duty.  The  ANG
performed a PHA in February 2001 and  again,  applicant  neglected  to
document any problems with anxiety or panic attacks resulting  in  his
successful entry into the ANG.

By contrast, in May 2000, about 3 weeks after leaving  the  Air  Force
and  transferring  to  the  ANG,  he  filed  a  claim  for  disability
compensation through the Department of Veterans Affairs (DVA) for  his
panic attacks.  Eighteen months after  transferring  to  the  ANG  the
applicant’s phobia of donning the gas mask  became  known,  apparently
from  information  from  his  DVA  disability  claim,   and   he   was
disqualified  from  worldwide  deployment  via  a  fitness  for   duty
determination.

Because his condition existed prior to his entry into the ANG,  it  is
not ratable or compensable.  Because his condition did  not  make  him
unfit while on active duty and he voluntarily  separated,  he  is  not
eligible for disability evaluation by the  Air  Force.   However,  his
condition has been properly determined to be service related and he is
being appropriately compensated as a result of his May 2000  claim  to
the DVA.

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

AFPC/DPPD  recommends  denial.   DPPD  states  that   based   on   the
preponderance of the available evidence it appears that the  applicant
was reasonably capable of performing his military  duties  as  an  AGE
mechanic up until the time of his active  duty  discharge.   The  fact
that he performed the same duties (AGE mechanic) in the  ANG  for  two
additional years  supports  the  conclusion  that  his  condition  was
unsuiting as opposed to unfitting which would have required he  submit
to a Physical Evaluation Board (PEB) and/or Medical  Evaluation  Board
(MEB).  The fact that he did not document his  condition  on  the  PHA
prior to his transfer to the ANG might well have cost him  entry  into
the ANG in the first place.

DPPD’s examination of the BCMR case file found no rationale or grounds
to change applicant’s records to show that he was awarded a disability
retirement under the provisions of AFI 36-3212 and  Title  10,  United
States Code (USC).  DPPD wholeheartedly agrees with the  BCMR  Medical
Consultant’s findings and recommendation.  The DPPD evaluation  is  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
14 February 2003 for review and comment within 30 days.   As  of  this
date, there has been no response received by this office.

_________________________________________________________________

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 agree with the opinions and  recommendations  of  the  Air
Force offices of  primary  responsibility,  in  particular,  the  BCMR
Medical Consultant and adopt their rationale  as  the  basis  for  our
conclusion that the applicant has not been the victim of an  error  or
injustice.  Inasmuch as the applicant's  condition  was  found  to  be
unsuiting as opposed to unfitting, he was not eligible for  disability
evaluation by the Air Force.  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 AFBCMR Docket Number BC-
2002-03182 in Executive Session on 20 May 2003, under  the  provisions
of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Billy C. Baxter, Member
      Mr. Kenneth Dumm, Member





The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 16 Dec 02.
    Exhibit D.  Letter, AFPC/DPPD, dated 10 Feb 03.
    Exhibit E.  Letter, SAF/MRBR, dated 14 Feb 03.




                                   JOHN L. ROBUCK
                                   Panel Chair

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