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AF | BCMR | CY2004 | BC-2003-01560
Original file (BC-2003-01560.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01560
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her medical condition for Bulimia Nervosa, diagnosed at  the  time  of
her disability discharge, be considered service-connected in order  to
qualify for Department of Veterans Affairs (DVA) medical treatment.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She completely disagrees with the statement “Disability, Existed Prior
to Service.”  She was diagnosed with bulimia in the  summer  of  2001.
Never before had she seen a doctor for this disorder.  The reason  she
is asking for this change is  because  she  still  suffers  from  this
disorder.  It has gotten even worse today.  She is seeking  help  from
the VA and has filed a claim.  She is  in  fear  that  because  it  is
stated on her DD Form 214, which might prevent her from receiving  the
help that she greatly needs.

In support of her application,  she  provided  a  personal  statement.
Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 26 July 1995.   She
was progressively promoted to the grade of senior airman  on  26  July
1998.  She received seven Enlisted Performance Reports, in  which  the
overall evaluations were 5, 5, 5, 5, 5, 3, and 3.

On 25 June 2002, the Secretary of the  Air  Force  directed  that  the
applicant be discharged for physical disability  due  to  a  condition
that existed prior to service (EPTS) and  not  aggravated  by  service
under the provisions of other than Chapter 61, Title 10, U.  S.  Code.
On 31 July 2002, the applicant  was  discharged  from  the  Air  Force
because of physical disability due to a condition that  existed  prior
to service (EPTS) under the provisions of  AFI  36-3212.   She  served
seven years and six days on active duty.

Other  remaining  relevant  facts  pertaining  to  this   application,
extracted from the applicant's military records, are contained in  the
letter prepared by the appropriate offices of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant states that Bulimia Nervosa more typically
has its onset during mid to late adolescence and there was no recorded
history of eating  disorder  or  other  mental  health  issues  during
adolescence.  A history  of  episodes  of  overeating  before  age  12
without  other  features  of  eating  disorder  is  not   sufficiently
compelling in the absence of problems during adolescence  to  conclude
that the condition existed at that time.  The applicant performed  her
duties in an exemplary fashion for the first five years of her  seven-
year career, demonstrating an absence  of  significant  mental  health
issues until depression and Bulimia Nervosa developed.  With treatment
her conditions essentially resolved, however, due to  the  requirement
for a continued waiver from the  weight  management  program  she  was
referred  for  Medical  Evaluation  Board.   The   Informal   Physical
Evaluation  Board  (IPEB)  determined  her   condition,   if   service
connected, was rated at  the  10  percent  level.   The  BCMR  Medical
Consultant concluded that  the  evidence  indicating  the  applicant’s
condition existed prior to service was  insufficient  to  achieve  the
preponderance-of-the-evidence confidence level.

The BCMR Medical Consultant is of the opinion that  the  preponderance
of the evidence does not support a finding of EPTS  and  recommends  a
change of records to show a disability discharge for  Bulimia  Nervosa
at 10 percent.  A complete copy  of  the  evaluation  is  attached  at
Exhibit C.

AFPC/DPPD  states  that  the  purpose  of  the   military   disability
evaluation system (DES) is to  maintain  a  fit  and  vital  force  by
separating or retiring members who are unable to perform the duties of
their office, grade, rank or rating.  Those members who are  separated
or retired by reason of a physical  disability  may  be  eligible  for
certain disability compensation.  The decision  to  process  a  member
through the military DES is determined by a Medical  Evaluation  Board
(MEB) when he or she is determined disqualified for continued military
service.  The decision to conduct  an  MEB  is  made  by  the  medical
treatment facility providing health care to the member.

After  summarizing  the  facts  of  the  case,  DPPD  indicated   that
individuals who enter the Service with a  pre-existing  condition  and
who are determined unfit for the condition shall not  be  entitled  to
disability separation or  retired  pay  unless  the  military  service
aggravated the condition or hastened the condition’s rate  of  natural
progression.  After reviewing the BCMR  Medical  Consultant  advisory,
dated 21 November 2003, they forwarded the case file to the  IPEB  for
further adjudication of the record.  The  IPEB  further  reviewed  the
preponderance of evidence and determined that this issue falls into  a
matter of opinion between medical officials and consideration  of  the
applicant’s motivation.  While it is true that the applicant  did  not
disclose any history of Bulimia Nervosa behaviors  in  her  adolescent
years, the  fact  that  her  binging/purging  behavior  began  at  the
beginning of her Air Force  career  (1995)  signifies  it  is  clearly
feasible that it is merely the natural progression of  a  pre-existing
condition.  The IPEB also noted that her  eating  disorder  chronology
may not be typical, but  it  is  not  definitely  ruled  out  as  pre-
existing.  If nothing else there is adequate evidence that the 180-day
rule (DODI 1332-38, E3,  P4.5.4.1)  should  apply.   Seeing  that  the
member agreed with the initial findings, it is  also  clear  that  the
member’s concerns over paying for medical treatment reflect  secondary
gain.

Veterans who  incur  service-connected  medical  conditions  while  on
active duty are authorized compensation  and  medical  care  from  the
Department of Veterans Affairs (DVA) under the authority of Title  38,
USC.  The DVA is  chartered  to  provide  continual  medical  care  to
veterans once they depart active duty.  Under Title 38, USC,  the  DVA
may increase or decrease an individual’s disability  rating  based  on
the seriousness of the medical condition throughout their  life  span.
The  DVA  is  also  responsible  to  determine  a  veteran’s   service
connection and eligibility for compensation/treatment  once  they  are
released from active duty.

Having reviewed the disability processing records, DPPD concluded  the
applicant was treated fairly throughout the DES process, and  she  was
properly rated under disability laws and policy at  the  time  of  her
medical discharge.  Following their  assessment,  they  determined  no
injustice or errors occurred during the DES process that would warrant
changing her medical condition for Bulimia Nervosa  to  be  determined
service  connected.   Therefore,  they   recommend   denial   of   the
applicant’s request.

A complete copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6 February 2004, copies of the Air Force evaluations were forwarded
to the applicant for review and  response.   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  error  or  injustice.   After  reviewing  the
evidence presented, we are persuaded that the applicant may have  been
the victim of an injustice.  Based  on  the  assessment  by  the  BCMR
Medical Consultant, it appears probable that the applicant’s unfitting
condition did not exist prior to service or that, if it did, based  on
her excellent duty performance for the first five of her  seven  years
on active duty before developing symptoms of  depression  and  Bulimia
Nervosa, at the very least, it was aggravated by service.  In view  of
the evaluation by the BCMR Medical Consultant and the totality of  the
evidence of record, and notwithstanding any  motivation  on  her  part
when she filed this appeal, we believe the ends of justice would  best
be served by resolving any doubt in this  matter  in  the  applicant’s
favor.  Therefore, we recommend the applicant’s records  be  corrected
to the extent 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 25 June  2002,  competent  authority  determined  that  her
unfitting condition, Bulimia Nervosa, rated at 10%, was incurred while
she was entitled to receive basic pay, rather than existing  prior  to
service; that the disability was incurred in line of  duty;  that  the
degree of impairment was 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;  and  that  the
disability was not received in the line of duty as a direct result  of
armed conflict or caused by an instrumentality of war.

    b.  On 31 July 2002, she was honorably  discharged  by  reason  of
physical disability with entitlement to disability severance pay under
the provisions of AFI  36-3212  (Physical  Evaluation  for  Retention,
Retirement, and Separation).

_________________________________________________________________

The following members of the Board considered  this  application,  BC-
2003-01560,  in  Executive  Session  on  25  March  2004,  under   the
provisions of AFI 36-2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Ms. Beth M. McCormick, Member
              Mr. Albert C. Ellett, Member

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

   Exhibit A.  DD Form 149, dated 1 May 2003, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 21 Nov 03.
   Exhibit D.  Letter, AFPC/DPPD, dated 29 Jan 04.
   Exhibit E.  Letter, SAF/MRBR, dated 6 Feb 04.




                                   ROBERT S. BOYD
                                   Panel Chair








AFBCMR BC-2003-01560
INDEX CODE:  110.00




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, be corrected to show that:

          a.  On 25 June 2002, competent authority determined that her
unfitting condition, Bulimia Nervosa, rated at 10%, was incurred while
she was entitled to receive basic pay, rather than existing  prior  to
service; that the disability was incurred in line of  duty;  that  the
degree of impairment was 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;  and  that  the
disability was not received in the line of duty as a direct result  of
armed conflict or caused by an instrumentality of war.

          b.  On 31 July 2002, she was honorably discharged by  reason
of physical disability with entitlement to  disability  severance  pay
under  the  provisions  of  AFI  36-3212  (Physical   Evaluation   for
Retention, Retirement, and Separation).




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency




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