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AF | BCMR | CY2004 | BC-2003-01684
Original file (BC-2003-01684.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-01684
            INDEX NUMBER: 100.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that on 22 December 2002, he was  continued
on the Temporary Disability Retired  List  (TDRL),  rather  than  discharged
with severance pay.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

All of his medical records concerning a 6 November 2002 psychiatric  consult
and all follow-up consults were not available for  the  Physical  Evaluation
Board (PEB).

In support of the appeal, applicant submits the 6 November 2002  psychiatric
consult and extracts from his medical records.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 8 September 1997.   In
September  1998,  he  developed  chronic  low  back  pain  associated   with
degenerative disc disease.  On 25 October 2000, he was diagnosed with  Major
Depressive Disorder, single episode, moderate severity, and Panic  Disorder.
 He was referred to a Medical Evaluation Board (MEB)  on  5  December  2000.
The MEB recommended he appear before a Physical Evaluation Board (PEB).   On
5 February 2001, an Informal  PEB  (IPEB)  found  him  unfit  due  to  Major
Depressive  Disorder  with  definite  social  and  industrial   adaptability
impairment and recommended he be placed on the TDRL with a 30%  rating.   He
concurred with the IPEB findings and recommendations.  He was  discharged  6
April 2001 and placed on the TDRL.  An Air Force psychiatrist and Air  Force
orthopedic surgeon reevaluated him on 17 July 2002.   The  IPEB  recommended
he be discharged with severance pay.  He disagreed with  the  IPEB  findings
and requested a Formal PEB (FPEB).  On 9 October 2002, the  FPEB  determined
he was unfit due to chronic  low  back  pain,  mechanical,  associated  with
major depressive disorder  and  anxiety/panic  attacks  rated  at  10%,  and
recommended he be discharged with severance pay.  The Secretary of  the  Air
Force  Personnel  Council  (SAFPC)  upheld  the  findings  of  the  FPEB  on
17 November 2002.  He was removed from the TDRL on  22  December  2002,  and
discharged with severance pay.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  recommends  the  application  be  denied  and
states,  in  part,  that  the   applicant   was   properly   evaluated   and
appropriately rated.  With regard to mental  health  conditions,  Department
of Defense policy specifically states that increased  severity  of  symptoms
due  to  transient  stressors  associated  with  the  PEB  and  prospect  of
separation or  retirement  and  relocation  or  re-employment  will  not  be
considered in determining the degree of impairment.

The BCMR Medical Consultant evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 9 January 2004, for review and response within 30 days.  However,  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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review  of  the  evidence
of record and applicant’s submission,  we  are  not  persuaded  that  relief
should be granted.  Applicant’s contentions are duly noted; however,  we  do
not find these assertions, in and by themselves, sufficiently persuasive  to
override the  rationale  provided  by  the  Air  Force.   The  BCMR  Medical
Consultant has adequately addressed applicant’s  contentions  and  we  agree
with his opinion and adopt the rationale expressed  as  the  basis  for  our
decision that the applicant has failed to sustain his  burden  that  he  has
suffered either an error or an injustice.   Hence,  we  find  no  compelling
basis to recommend granting the relief sought.

_________________________________________________________________

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  Docket  Number  BC-2003-01684
in Executive Session on 19 February 2004, under the provisions  of  AFI  36-
2603:

                       Mr. Vaughn E. Schlunz, Panel Chair
                       Ms. Jean A. Reynolds, Member
                       Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 May 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 16 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair

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