RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00723
            INDEX CODE:  108.00
      XXXXXXXXXXXXXXXXXXX    COUNSEL:  NONE

      XXXXXXXXXXXXXXX  HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His honorable discharge from the Air Force Reserve  (USAFR)  be  set  aside,
and he be awarded a disability retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had no idea he would be physically disqualified from  the  USAFR  due  to
medical conditions that he was being treated for while on active  duty.   He
intended to retire from the Air Force.

In support of his application, he  provided  copies  of  his  DD  Form  214,
Certificate of Release or Discharge From Active Duty;  his  USAFR  discharge
order; his PALACE  CHASE  application  and  approval;  notification  of  his
medical profile-4 status; his election memorandum for  Selection  of  Rights
to Formal Physical Evaluation Board (FPEB); the Air Force Secretariat  reply
to his congressional  member’s  inquiry;  and  his  Department  of  Veterans
Affairs (DVA) rating decision.  The applicant’s  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 12 September 1984, the applicant enlisted in the  Regular  Air  Force  in
the rank of airman basic (E-1) at the  age  of  20.   He  was  progressively
promoted to the grade of technical sergeant (E-6)  effective  and  with  the
date of rank  of  1  January  1997.   The  applicant  received  18  enlisted
performance reports between the periods of 12 September 1984 and 22  January
1999 with overall ratings of 9, 9, 9, 9, 9, 9, 5, 5, 5, 5, 4, 5,  4,  5,  5,
4, 5 and 3.  The applicant voluntarily separated from active duty under  the
PALACE CHASE Program on 28 July 1999 after 14 years, 10 months, and 17  days
on active duty and entered the USAFR.

On 5 May 2001,  the  applicant  was  honorably  discharged  from  the  USAFR
because of his inability to  meet  Reserve  medical  qualifications  due  to
depression and unsuitability  for  deployment.   Reserve  records  show  the
applicant  only  served  four  periods  of  inactive  duty  training   while
participating in the USAFR.  He was credited with 16 years  of  satisfactory
Federal service.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate offices of the Air Force at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion  that  if  the  applicant  had
instead undergone disability evaluation at the  time  of  his  PALACE  CHASE
separation, he would have been disability  discharged  with  a  ten  percent
rating.

The BCMR Medical Consultant states  that  the  applicant’s  medical  records
indicate he had sought  care  from  a  civilian  provider  for  symptoms  of
depression beginning in 1998.  He required treatment  of  three  medications
(two anti-depressant medications and an anxiety reducing  medication).   The
applicant was initially seen at an Air Force mental health clinic  in  March
1999 after a command directed mental health  evaluation.   A  copy  of  that
command directed evaluation is not present in the  available  documentation.
A 12 March 1999 mental  health  clinic  entry  records  that  the  applicant
reported a history of depressed mood possibly beginning two to  three  years
prior (although documentation from his civilian  physician  noted  that  the
applicant had reported his depressed mood began in June 1998) with  multiple
symptoms consistent with depression (including  decreased  sleep,  decreased
appetite,  decreased  energy,  concentration,  anhedonia,  hopelessness  and
suicidal ideation).  The  applicant  was  treated  with  the  antidepressant
medication Zoloft on 1 July 1998 with incomplete  improvement  in  symptoms,
prompting the addition by his civilian provider of a  second  antidepressant
medication, Welbutrin, in October 1998.   An  anxiety  reducing  medication,
Klonopin, was also prescribed.  At the time of the  March  1999  evaluation,
the applicant reported persistent thoughts of  suicide  without  plan.   The
diagnosis at the time was  Major  Depressive  Disorder,  single  episode  in
partial remission.  The evidence of record shows the applicant’s  depression
was  intertwined  with  marital  and  occupational  difficulties   and   was
associated with a decline in his duty performance.  As of  the  last  mental
health encounter on 28 May 1999, his condition was in partial remission  and
his psychiatrist did not consider the applicant’s  condition  unfitting  for
continued active military service.  Because his condition did not  make  him
unfit while he was on active duty and he voluntarily separated,  he  is  not
eligible for disability evaluation in the Air Force.  At  the  time  of  the
applicant’s  separation  from  active  duty,  he  applied   for   disability
compensation from the DVA.  A DVA Rating Decision  dated  29  November  1999
granted the applicant service connected disability rating effective 29  July
1999, for Dysthymia, 30%; synovitis, right knee,  10%;  tinnitus,  10%;  and
mechanical low back pain, 10% (combined rating of 50%).  His  condition  has
been properly determined to be service connected and is being  appropriately
compensated by the DVA.

The BCMR Medical Consultant states that according to the medical  evaluation
board narrative summary (undated), the applicant  reported  to  the  Reserve
Medical Unit that he was no longer able to participate and requested  he  be
disqualified.  A Serial Physical Profile Report,  dated  28  February  2000,
indicates the applicant’s physical profile was  P4  (disqualified),  and  no
longer able to participate for pay or points.  The applicant’s records  show
he was disqualified for continued duty in the Air  Force  USAFR  because  of
depression, diagnosed as Dysthymia by  the  DVA,  and  he  was  subsequently
discharged  from  the  USAFR.   Because  the  depression  existed  prior  to
entering the USAFR, he was not eligible for disability compensation.

The BCMR Medical Consultant  states  that  the  Reserve  Medical  Evaluation
Board narrative summary indicates the Reserve Medical Unit  was  unaware  of
the  applicant’s  medical  condition  prior  to   his   self-identification.
Normally, part of the application process includes review of  health  record
documentation including the most recent Periodic Health  Assessment  (within
12 months, and preferably within 6 months of projected date of  separation);
DD Form 2697, Report of  Medical  Assessment;  and  AF  Form  422,  Physical
Profile Serial Report, by the  Air  Reserve  Component  Recruiter,  and  the
gaining Reserve Unit’s supporting medical unit.  Documentation showing  that
the Reserve Unit reviewed and  accepted  the  applicant  knowing  about  his
depression is absent from the records.  It is the BCMR Medical  Consultant’s
opinion that there was an error in accepting the applicant for PALACE  CHASE
transfer to the USAFR, since the Reserve medical unit implied it  would  not
have accepted the applicant had they known about his  depression.   Had  the
medical screening for the applicant’s PALACE CHASE application  resulted  in
denial, the applicant would have  remained  on  active  duty.   Whether  the
applicant’s condition would  have  ultimately  lead  to  evaluation  in  the
disability system or  not  is  speculative.   Had  the  applicant  undergone
evaluation in the Air Force Disability Evaluation System at the time of  his
voluntary separation from the Air Force in July 1999,  his  condition  would
have been rated mild, warranting a ten percent rating, since  the  applicant
was performing his duties and medical documentation indicated his  condition
was in partial remission.

The BCMR Medical Consultant’s evaluation is at Exhibit D.

AFPC/DPPD recommends  denial  of  the  member’s  request  for  a  disability
retirement; however, they do  recommend  the  applicant  undergo  a  medical
evaluation to determine his current physical fitness, for either  return  to
active duty or discharge with severance pay at ten percent, if he  fails  to
meet accession standards.

DPPD states that the applicant’s Veteran  medical  records  reflect  he  was
being treated for depression during the period prior  to  the  time  he  was
transferred to the USAFR under PALACE CHASE.  It appears from reviewing  the
records that the USAFR  was  unaware  of  the  applicant’s  ongoing  medical
condition at the time of his application for  PALACE  CHASE  otherwise,  his
application would have been denied and he would have been allowed to  remain
on active duty.

It is DPPD’s opinion that an injustice to the applicant  may  have  occurred
at the time of his application for  Reserve  duty  under  the  PALACE  CHASE
Program in that all players involved were not completely familiar  with  the
appropriate process/requirements.  The  preponderance  of  evidence  in  the
applicant’s military records does not substantiate or  support  his  request
for a disability retirement; however, the most  equitable  remedy  available
to the applicant, assuming his current  medical  condition  meets  accession
standards, is to return him to active duty and allow  him  to  complete  his
full military career, further  injury/incapacitation  notwithstanding.   The
DPPD evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 October 2003, copies of the Air Force  evaluations  were  forwarded  to
the applicant for review and comment within 30 days.  As of this date,  this
office has received no response.

___________________________________________________________________

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 probable injustice.  The evidence  of  record  indicates  that,
after transferring  to  the  USAFR  under  the  PALACE  CHASE  Program,  the
applicant was  found  unfit  for  continued  military  service  after  being
diagnosed with depression (unsuitable for deployment) and was separated  for
failing medical procurement standards.  The applicant  now  requests  he  be
awarded a disability retirement, claiming that had he known his transfer  to
the USAFR would result in his  involuntary  discharge  due  to  his  medical
condition, he would have chosen to remain  on  active  duty  and  eventually
retire.  The BCMR Medical  Consultant  supports  the  applicant’s  assertion
that  he  was  not  properly  counseled  concerning   his   eligibility   to
participate as an active Reserve
member before he was released from active duty and is of  the  opinion  that
if the applicant had instead undergone disability evaluation at the time  of
his PALACE CHASE separation, he would have been disability  discharged  with
a ten percent rating.  We note the differing  opinions  and  recommendations
of BCMR  Medical  Consultant  and  Physical  Disability  Division.   In  our
estimation, their opinions have created  doubt  concerning  the  applicant’s
fitness for continued service at the time of his release  from  active  duty
in 1999.  We believe the most appropriate action at this point is  to  refer
the applicant’s case for a  complete  medical  assessment  of  his  physical
condition as it was at the time of his  release  from  active  duty  and  to
allow him to undergo  processing  under  the  Disability  Evaluation  System
(DES), affording him all attendant  rights  to  which  he  would  have  been
entitled  had  he  been  referred  for  such  processing   in   July   1999.
Invitational orders should be issued allowing the applicant to be  medically
evaluated at Wilford Hall Medical Center to determine whether he  was  unfit
for continued service and if so, the degree of his  impairment,  or,  if  he
was fit for continued service.  The final  results  of  the  DES  processing
should  then  be  returned  to  this  Board  for  final  resolution  of  the
applicant’s request.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

Invitational travel orders be issued by competent  authority  to  APPLICANT,
for the purpose of undergoing a  physical  examination  and  review  by  the
Medical Evaluation Board (MEB), the Physical  Evaluation  Board  (PEB),  and
the Formal Physical Evaluation Board (FPEB), if necessary, to determine  his
medical condition  as  of  28 July  1999;  and,  that  the  results  of  the
evaluation be forwarded to the Air Force Board for  Correction  of  Military
Records  at  the  earliest  practical  date  so  that  all   necessary   and
appropriate actions may be completed.

_________________________________________________________________

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


All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2003-00723 was considered:

      Exhibit A.  DD Form 149, dated 1 Mar 03, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dtd 8 Aug 03.
      Exhibit D.  Letter, AFPC/DPPD, dtd 25 Sep 03.
      Exhibit E.  Letter, SAF/MRBR, dated 3 Oct 03.




                                                   WAYNE R. GRACIE
                                                   Panel Chair


AFBCMR BC-2003-00723




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:

      Invitational travel orders be issued by competent authority to
XXXXXXXXXXXXXXX, for the purpose of undergoing a physical examination and
review by the Medical Evaluation Board (MEB), the Physical Evaluation Board
(PEB), and the Formal Physical Evaluation Board (FPEB), if necessary, to
determine his medical condition as of 28 July 1999; and, that the results
of the evaluation be forwarded to the Air Force Board for Correction of
Military Records at the earliest practical date so that all necessary and
appropriate actions may be completed.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency