RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2002-04019
                                       INDEX CODE:  108.00
    XXXXXXXXXXXXXXXXXXXXX         COUNSEL: HELEN L. CORNELL

    XXXXXXXXXXXXX                       HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His honorable discharge from the Tennessee Air National Guard (ANG)  be  set
aside,  and  he  be  awarded  compensation  for  his  undetermined  service-
connected condition retroactive to his date of discharge, 11 February  1983.

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APPLICANT CONTENDS THAT:

Although he left the  military  for  medical  reasons,  which  were  service
connected, he has never received the medical military compensation to  which
he is entitled.

In support of his request, the applicant submits copies of his NGB Form  22,
Report of Separation and Record  of  Service,  and  AF  Form  422,  Physical
Profile  Serial  Report.   The   applicant’s   complete   submission,   with
attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 1 April 1968, the applicant was drafted and entered the Regular  Army  at
the age of 19.  He was released from  active  duty  on  31  March  1970  and
entered the Army Reserve on 1  April  1970.   The  applicant  completed  his
reserve obligation with the Army on 11 January 1972.  On  12  January  1972,
the applicant enlisted in the Regular Air Force in  the  grade  of  sergeant
for a period of four years.  He was honorably released from active  duty  on
20 November 1972 under the provisions of AFM 39-10 for  the  convenience  of
the government.  At that time, he was credited with a total of 2  years,  10
months and 9 days of active duty service.  On 21 November 1972, he  enlisted
in the Air National Guard and Reserve of the Air Force for six years in  the
grade of sergeant (E-4).  He was progressively  promoted  to  the  grade  of
technical sergeant effective and with a date of  rank  of  1  October  1980.
The applicant became an Air  Reserve  Technician,  which  required  that  he
maintain his active Reserve participation  while  working  in  a  government
civil  service  position.   On  11  February   1983,   the   applicant   was
administratively separated due to medical disqualification  for  non-service
connected depression.  He was credited with 12 years, 8 months  and  9  days
of satisfactory Federal service.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the application be denied.  The  BCMR
Medical Consultant states that a review of the applicant’s  medical  records
show that the  applicant  had  no  significant  health  issues  until  1979.
During a periodic physical exam on 15 August 1977, the applicant reported  a
“nervous condition.”  He was currently undergoing  a  divorce.   During  his
next periodic physical examination on 5 August 1978, the applicant  reported
no problems.  The applicant was hospitalized for “reactive depression”  8-16
August 1979 and 8-22 September 1979.  Following the  1979  hospitalizations,
the applicant participated in Alcoholics  Anonymous.   The  BCMR  Consultant
states that according to the applicant’s Air  National  Guard  Point  Credit
Summary, the applicant was not on active duty status at the time of his  two
1979 hospitalizations.  The applicant was again hospitalized on  1  November
1982, for anxiety after isolating himself in his apartment  for  two  weeks,
not going to work and drinking heavily (history reported by the  applicant’s
Mother obtained from the 4 November 1982  Parthenon  Social  History  Update
report).  The BCMR Consultant states that according to the  applicant’s  Air
National Guard Point Summary, the applicant was not on  active  duty  during
his 1982 hospitalization.  On 24 November 1982, the  applicant  underwent  a
Medical Evaluation  Board  (MEB)  that  concluded  his  depression  was  not
incurred   while   entitled   to   basic   pay   and   recommended   medical
disqualification and administrative discharge  (not  disability  discharge).
The State Air Surgeon and National Guard Bureau Air Surgeon  concurred  with
the  MEB’s  conclusions  and  recommendation.   There  is   no   information
regarding disability benefits the applicant received through civil  service.


The BCMR Medical Consultant states that the applicant  filed  a  claim  with
the  Department  of  Veterans  Affairs  (DVA)  for  service  connection  for
depression in November 1982; however, his  request  was  denied  in  January
1983.  In subsequent years the applicant has been repeatedly denied  service
connected disability compensation by  the  DVA  for  Post  Traumatic  Stress
Disorder related to his Army service in Vietnam.

The BCMR Medical Consultant summarizes  the  applicant  developed  recurrent
depression  with  associated  alcohol  abuse  beginning  in  1979  requiring
hospitalization.  The applicant recovered  from  his  first  bout  that  was
related to marital and job stress.  His  hospitalization  in  November  1982
for recurrent depression, again related to marital and job stress,  lead  to
his medical disqualification for continued service in the ANG.   It  is  the
BCMR Medical Consultant’s opinion that since  his  recurrent  depression,  a
chronic illness, was not proximately caused  by  active  duty  and  did  not
occur while on active duty receiving basic  pay,  he  is  not  eligible  for
disability compensation by the Air  Force.  The  BCMR  Medical  Consultant’s
evaluation is at Exhibit C.

AFPC/DPPD recommends the application  be  denied.   The  applicant  has  not
provided any evidence to show an injustice  occurred  at  the  time  of  his
involuntary discharge from the ANG that would  justify  his  entitlement  to
compensation for a service-connected medical condition.   DPPD  states  that
AFR 35-4, Chapter 8, dated 12 September 1980, in effect at the time  of  the
applicant’s ANG service, states that non-regular  members  whose  disability
was not incurred or  diagnosed  while  performing  active  duty,  full  time
training duty, or active duty for training under a  call  that  specified  a
period of more than 30 days, were ineligible for processing  by  a  Physical
Evaluation Board (PEB) under this  regulation.   Service  members  who  were
evaluated  and  found  unfit  by  the  medical   facility   commander   were
appropriately processed as a non-medical  discharge  under  the  appropriate
USAFR or ANG directive.  It is DPPD’s opinion  that  since  the  applicant’s
unfitting medical condition was not incurred or diagnosed while on  military
orders, he did not qualify for processing  under  military  disability  laws
and policy established in AFR 35-4.  DPPD concurs with the overall  comments
and  recommendation  in  the  BCMR  Medical  Consultant’s  evaluation.   The
AFPC/DPPD evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 May 2003, copies of the Air Force evaluations were  forwarded  to  the
applicant for review  and  comment.   As  of  this  date,  this  office  has
received no response (Exhibit E).

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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 error or injustice.  The evidence provided  does  not  persuade
us that an injustice occurred at the time the  applicant  was  involuntarily
discharge from the Air National Guard that would justify his entitlement  to
compensation for a service-connected medical condition.  It is  our  opinion
that since no evidence  has  been  provided  showing  that  the  applicant’s
unfitting medical condition was incurred  or  diagnosed  while  on  military
orders, he does not qualify for processing under  military  disability  laws
or regulations.  There is no indication in his records that the  actions  or
findings surrounding his involuntary discharge were contrary  to  regulation
or accepted medical principles or  that  he  was  treated  differently  from
other members  in  similar  circumstances.   We  therefore  agree  with  the
assessments by the Air Force advisories and adopt  their  rationale  as  the
basis for  our  decision.   Accordingly,  the  applicant’s  request  is  not
favorably considered.

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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.

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The following members of the Board considered this application in  Executive
Session on 23 July 2003, under the provisions of AFI 36-2603:

            Mr. Robert S. Boyd, Panel Chair
            Mr. Laurence M. Groner, Member
            Mr. Mike Novel, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2003-04019
was considered:

      Exhibit A.  DD Form 149, dated 10 Dec 02, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dated 28 Apr 03.
      Exhibit D.  Letter, AFPC/DPPD, dated 27 May 03.
      Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.




                                        ROBERT S. BOYD
                                        Panel Chair