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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