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AF | BCMR | CY2004 | BC-2002-02843
Original file (BC-2002-02843.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02843
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  records  be  corrected  to  reflect  that  he  suffers  from   clinical
depression, and, that the cause of the depression comes from the ringing  in
his ears and migraine headaches.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was forced to retire because he took Zoloft.  His doctor prescribed  this
drug so he could deal  with  the  ringing  in  his  ears  and  the  migraine
headaches.  He has  tinnitus  which  is  caused  by  excessive  noise.   The
tinnitus started in basic training and  returned  while  in  Southeast  Asia
where he worked on MRC-98  Microwave  vans  for  the  Army  and  also  while
working on C-130 aircrafts for the Air Force.  His doctor  did  not  realize
that by not identifying the causes of his  depression,  his  retirement  and
disability would be affected.

While working on the flight line as an Air Reserve Technician  repairing  an
antenna, the crew chief started the gas turbine compressor.  He was  wearing
his headset; however, it was not enough protection and the  ringing  in  his
ears came back much louder.  He went to the clinic and they  told  him  that
the ringing would go away but it did not.  He later worked  as  an  Aircraft
Instrument Technician on the C7 Caribou aircraft and later changed to the C-
130E aircraft.  Shortly thereafter, the ringing began  to  increase  and  he
started having problems seeing with lost feelings in his hands and feet  and
a severe headache.  His hearing test results over  a  period  of  time  were
getting worse and it was hard for him to cope.  His  doctor  prescribed  him
Zoloft which stopped the headaches and helped him deal with the  ringing  in
his ears.  He was medically discharged but did not receive  any  disability.
His doctor only stated that he was clinically depressed and  did  not  state
the reason for his depression.  The cause  of  his  problem  came  from  his
service with the military.

In support of his request, he submits a personal statement,  and  associated
medical documents. The applicant’s complete  submission,  with  attachments,
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Effective 8 August 1998, applicant  was  assigned  to  the  Retired  Reserve
Section awaiting Retired pay at age 60 (29 March 2008).  His  assignment  to
the Retired Reserve Section was in the grade of technical  sergeant  with  a
date of rank of 1 April 1991.  He was credited with 21 years, 1 month and  5
days of satisfactory federal service.

A number of attempts were made to obtain applicant’s  medical  records  from
the Veteran’s Administration; however, to no avail.

The following information is  extracted  from  an  incomplete  copy  of  the
medical records  provided  by  the  applicant.   On  28  January  1998,  the
applicant elected  to  have  his  medical  case  referred  to  the  Informal
Physical Evaluation Board (IPEB) for a fitness determination.   On  9  April
1998, the IPEB found him medically disqualified for continued military  duty
by reason of depression.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/SGP states that at the time the applicant  was  medically  disqualified
for worldwide duty, the medical case  file  submitted  for  review  did  not
contain  any  medical  information  which  indicated  a  link  between   his
depression and the ringing in his  ears.   The  AFRC/SGP  evaluation  is  at
Exhibit C.

AFRC/SG states that there  is  insufficient  documentation  to  support  the
conclusion that the applicant's medical condition was caused  or  aggravated
by Reserve military service.  However, since  the  member  claims  that  his
condition was caused by service during his tenure as  an  active  duty  Army
member during Vietnam, AFRC/SG recommends that he  file  a  claim  with  the
Veterans  Administration  (VA)  to  determine  his  VA  entitlements.    The
AFRC/SG evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 July 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 F).

_________________________________________________________________

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 applicant's  complete  submission  was
thoroughly reviewed and his contentions were duly  noted.   However,  we  do
not  find  the  applicant’s  assertions  or  the   documentation   presented
sufficiently persuasive to warrant a change  in  his  records.   We  do  not
dispute  the  circumstances  of  his   medical   condition;   however,   the
applicant’s medical case was properly evaluated under  the  appropriate  Air
Force  regulations.   It  is  our  opinion  that  the  assessment   of   the
applicant’s medical condition was based on accepted medical  principles  and
we have no basis to conclude that the applicant's  treatment  while  in  the
Air Force  Reserve  was  based  on  anything  other  than  accepted  medical
principles or that the administrative termination of his service  was,  from
a medical standpoint, improper.  In view of the above and our  finding  that
there is no evidence in the available  record  which  establishes  that  the
applicant's separation from the Air Force Reserve is  erroneous  or  unjust,
we have no basis to favorably consider the applicant's request.

_________________________________________________________________

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 this application in  Executive
Session on 30 January 2004, under the provisions of AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. Michael J. Maglio, Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Sep 02 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/SGP, dated 15 Nov 02.
    Exhibit D.  Letter, AFRC/SG, dated 24 Jun 03.
      Exhibit E.  Letter, SAF/MRBR, dated 18 Jul 03.




                                 WAYNE R. GRACIE
                                 Panel Chair

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