RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01238
            INDEX CODE:  108.02
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge for disability reasons be  changed  to  reflect  that  he  was
medically retired; or in the alternative, he be returned to active duty.

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APPLICANT CONTENDS THAT:

At the time he accepted discharge with severance pay  he  was  not  mentally
capable of making the decision.  He had just lost his father and was in  the
process of trying to relocate.  This combined with the  Air  Force  decision
not to offer him retirement after over 18 years of service was a  blow  that
he could not mentally cope with.  After being on  the  Temporary  Disability
Retired List (TDRL) for one  year  and  four  months,  he  was  reevaluated.
During this period he was functioning on a variety of medications.   He  was
being seen at the Department of Veterans Affairs (DVA)  and  was  struggling
with  the  serious  illness  of  his  father  along  with   depression   and
agoraphobia.   During  that  time  the  DVA  had  given  him  an  additional
diagnosis of Bipolar Disorder.  Even though he was able to  work,  each  day
was a mental struggle.  Since his discharge,  his  medical  conditions  have
worsened and there has  been  additional  medical  problems.   It  has  been
approximately 2 years since his discharge and he continues to struggle  with
his medical afflictions.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  4
May 81.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Dec  96.
An MEB was convened on 16 Feb 99  and  referred  his  case  to  an  Informal
Physical Evaluation Board (IPEB) with a diagnosis of depression.  On  5  May
99, the IPEB found him  unfit  for  further  military  service  based  on  a
diagnosis of major depressive disorder and  alcohol  dependence.   The  IPEB
recommended that he be placed  on  the  Temporary  Disability  Retired  List
(TDRL) with a combined compensable rating  of  30  percent.   The  applicant
agreed with the findings and recommended disposition of the  IPEB.   He  was
placed on the TDRL on 27 Aug 99.  On 19 Dec 00, a medical re-evaluation  was
performed and it was determined that the applicant's condition had  improved
since his last evaluation.  On 5 Feb 01, the Air Force PEB recommended  that
the applicant be discharged from the Air Force with  severance  pay  with  a
combined disability rating of 10 percent.  The applicant concurred with  the
recommended findings.  On 29 Mar 01,  he  was  removed  from  the  TDRL  and
discharged with severance pay.  He served 18 years, 3 months,  and  24  days
on active duty.

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AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  recommends  denial.  The  Medical  Consultant
states that the applicant developed symptoms of depression  and  anxiety  in
the setting of a new high stress job  and  geographic  separation  from  his
family.  Immediately upon placement on the TDRL and reunion with his  family
he acquired full time employment at which he  excelled  resulting  in  three
promotions.  The DVA granted him a 10 percent  rating  for  depression.   At
the time of his TDRL  re-evaluation  his  condition  was  determined  to  be
stable and producing mild impairment of social and industrial  adaptability.
 The change in diagnosis to Bipolar Disorder does not change the  disability
rating since disability ratings for mental disorders are  based  on  overall
impairment of social and  industrial  adaptability.   The  DVA  granted  him
disability compensation for back pain.  This  condition  was  not  unfitting
for continued military service at the time of his  placement  on  the  TDRL.
Action and disposition on his  case  are  proper  and  equitable  reflecting
compliance with Air Force standards.  The Medical Consultant  evaluation  is
at Exhibit C.

AFPC/DPD recommends denial.  DPPD states that veterans who acquire  service-
connected medical conditions are authorized treatment by the DVA  once  they
are released  from  active  duty.   The  DVA  may  increase  or  decrease  a
veteran's service connected disability rating based on  the  seriousness  of
the conditions throughout his or her life span.  The applicant  was  treated
fairly throughout the disability evaluation system process and was  properly
rated under Federal disability guidelines.   There  were  no  injustices  or
inaccuracies during the PEB  process,  which  would  warrant  reversing  his
current disability discharge for retirement under the provisions of AFI  36-
3212.  Returning an unfit member to active duty for the  purpose  of  making
him eligible for  service  retirement  would  be  contrary  to  the  current
MEB/PEB charter.   Based  on  the  final  decision  of  the  Office  of  the
Secretary of the Air  Force,  DPPD  found  no  reason  why  the  Secretarial
decision should be overturned.

The DPPD evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  19
Sep 03 for review and comment within 30 days.  As of this date, this  office
has received no response.

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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 timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice that  would  warrant  corrective  action.   On  27
August 1999, the applicant  was  placed  on  the  TDRL  with  a  compensable
disability rating of 30  percent.   After  the  TDRL  reevaluation,  it  was
determined that his condition had improved but that he was still  unfit  for
continued  service.   He  was  subsequently   discharged   with   disability
severance pay at 10 percent.  After a thorough review  of  the  evidence  of
record, we believe that the applicant has established that reasonable  doubt
exists as to whether or not the decision to place him on the  TDRL  was  the
appropriate decision.  It is our opinion that because  of  the  severity  of
his condition at the time of his IPEB evaluation, it appears that  it  would
have been more appropriate to have placed him on  the  permanent  disability
retired list, rather than on the TDRL.  Further, it is our opinion that  any
doubt should be  resolved  in  favor  of  the  applicant.   Accordingly,  we
recommend that his records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

      a.  On 5 May 1999, he was unfit to perform the duties of  his  office,
rank, grade or rating  by  reason  of  physical  disability  incurred  while
entitled to receive basic pay; that the diagnosis  in  his  case  was  Major
Depressive  Disorder,  recurrent,  associated  with  Panic   Disorder   with
agoraphobia  and  Generalized  Anxiety   Disorder,   definite   social   and
industrial adaptability impairment;  VASRD  Code  9434,  with  a  disability
rating of 30 percent; that the disability is permanent; that the  disability
was  not  due  to  intentional  misconduct  or  willful  neglect;  that  the
disability was not incurred during a period of  unauthorized  absence;  that
the disability was not received in line of duty as a direct result of  armed
conflict.

       b.  On  27  August  1999,  his  name  was  placed  on  the  Permanent
Disability Retired List rather than the Temporary Disability Retired List

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-01238
in Executive Session on 29 Oct 03, under the provisions of AFI 36-2603:

      Ms. Marilyn Thomas, Vice Chair
      Ms. Cheryl Jacobson, Member
      Mr. Albert F. Lowas, Jr., Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 15 Jul 03.
    Exhibit D.  Letter, AFPC/DPPD, dated 12 Sep 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Sep 03.




                             MARILYN THOMAS
                             Vice Chair
AFBCMR BC-2003-01238




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:

            a.  On 5 May 1999, he was unfit to perform the duties of his
office, rank, grade or rating by reason of physical disability incurred
while entitled to receive basic pay; that the diagnosis in his case was
Major Depressive Disorder, recurrent, associated with Panic Disorder with
agoraphobia and Generalized Anxiety Disorder, definite social and
industrial adaptability impairment; VASRD Code 9434, with a disability
rating of 30 percent; that the disability is permanent; that the disability
was not due to intentional misconduct or willful neglect; that the
disability was not incurred during a period of unauthorized absence; that
the disability was not received in line of duty as a direct result of armed
conflict.

                  b.  On  27  August  1999,  his  name  was  placed  on  the
Permanent Disability Retired  List  rather  than  the  Temporary  Disability
Retired List









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency