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AF | BCMR | CY2003 | BC-2002-03231
Original file (BC-2002-03231.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03231
            INDEX CODE:  110.00

      MICHELLE L. BOWLES     COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

It appears that the applicant is requesting that items 23  through  27
on her DD Form 214, specifically “Type of Separation”,  “Character  of
Service,” “Separation  Authority,”  “Separation  Code,”  and  “Reentry
Code” be changed to coincide with information on her  military  orders
placing her on the Temporary Disability Retired List (TDRL) and  those
orders removing her from the TDRL with entitlement to severance pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant did not state any contentions.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted her enlistment in the Regular  Air  Force  on   3
July 2001.  On 11 July 2001, she was sent to the emergency room  after
several days of vomiting and fever.  Subsequent conversation  revealed
that the applicant had been raped, while on orders, enroute  to  basic
training.

A Medical Evaluation  Board  (MEB)  convened  on  19  July  2001,  and
established the diagnoses of (1) Acute Stress Disorder; and (2) Sexual
Abuse of an Adult.   Approximate  date  of  origin:  July  2001.   MI:
Marked; S&I: Definite.  The MEB recommended referral to  the  Informal
Physical Evaluation Board (IPEB).

The IPEB convened on 27 July  2001,  and  found  the  applicant  unfit
because of physical disability  for  the  diagnoses  of  acute  stress
disorder secondary to sexual assault associated with a mild  upper  GI
bleed accompanied  by  definite  social  and  industrial  adaptability
impairment.  The IPEB noted applicant’s  medical  condition  prevented
her from reasonably performing the duties of her office, grade,  rank,
or rating.  Since the condition had not yet stabilized, the IPEB found
the applicant unfit and  recommended  placing  her  on  the  Temporary
Disability Retired List (TDRL) with a disability rating of  30%,  with
re-evaluation in six months.  On 31  July  2001,  applicant  concurred
with the findings and recommended disposition of the IPEB.

On  6  August  2001,  she  received  an  uncharacterized  entry  level
separation, by reason of disability, temporary, under  the  provisions
of AFI 36-3212, and was issued an RE code of 2Q  (personnel  medically
retired or discharged).  Her name was placed on the TDRL  effective  7
August 2001.

Applicant attended a physical re-evaluation on 21  February  2002  and
was diagnosed with Post Traumatic Stress Disorder (PTSD).   The  IPEB,
convened on 28 March 2002, noted that the applicant  had  improved  as
evidenced by the decreasing frequency/severity  of  her  symptoms  but
also  noted  that  PTSD  was  a  more  chronic  illness.   Recommended
disposition was discharge with severance pay, with a  10%  compensable
disability rating.   Effective  9  June  2002,  applicant’s  name  was
removed from the TDRL and she was discharged  by  reason  of  physical
disability, with entitlement to disability severance pay.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPD recommends denial.  DPPD notes  that  Item  23,  Type  of
Separation is correct when listed as “Entry Level” when the member has
not served more than 180 days of active service.  Time  spent  on  the
TDRL is  not  considered  in  computing  active  service.   Since  DOD
considers characterization of less than 180 days service unfair to the
applicant and to  the  service,  her  “Uncharacterized”  character  of
service, Item 24, is  correct.   Item  25,  Separation  Authority,  is
correct also as AFI 36-3212 is the authority  for  processing  members
through the disability evaluation system.  Applicant’s separation code
of SFK, Item 26, Separation Code, accurately reflects that the  member
was placed on the TDRL following her release from active  duty.   Item
27, Reentry Code, of 2Q, indicates  that  the  applicant  received  an
approved medical retirement or separation.

DPPD has found  that  applicant  was  treated  fairly  throughout  the
military disability evaluation process.  DPPD also concludes  that  no
errors exist on Applicant’s DD  Form  214  and  therefore  no  further
action is required.  (Exhibit C)

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1
November 2002 for review and comment within 30 days.  As of this date,
there has been no response received by this office.  (Exhibit D)

_________________________________________________________________



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  and
could find no evidence that the applicant’s DD Form 214 was in  error.
Therefore, in the absence of evidence to the  contrary,  wWe  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 02-
03231 in Executive Session on 18 March 2003, under the  provisions  of
AFI 36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Ms. Carolyn B. Willis, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 24 Oct 02.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Nov 02.




                                   PHILIP SHEUERMAN
                                   Panel Chair

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