RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02004
            INDEX CODE:  108.02

            COUNSEL:  ANTHONY W. WALLUK

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS:

Service connection for her  medical  condition  and  either  permanent
disability retirement at 30 percent  or  placement  on  the  Temporary
Retired Disability List (TDRL) at 30 percent.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She did not have supraventricular tachycardia (heart condition) before
entering the service.

She  developed  a  severe  heart  condition,  aggravated  by  surgical
intervention.  The Air Force disability system determined she was  not
entitled to compensation for her condition.   The  Air  Force  medical
community determined she was not physically qualified to  continue  on
active duty and her  request  for  continuation  on  active  duty  was
denied.  The final action on her case by  the  Secretary  of  the  Air
Force Personnel Council (SAF/PC) was to return her to active  duty  to
await her August 2004 separation for expiration of initial active duty
service commitment.

In support of her request, the  applicant  submits  a  statement  from
counsel, a personal statement and additional documents associated with
the  issues  cited  in  her  contentions.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 4 May 1999,  the  applicant  was  appointed  a  second  lieutenant,
Medical Corps (MC),  Reserve  of  the  Air  Force.   After  completing
medical  school  on  the  Health   Professions   Scholarship   Program
(graduated May 1999), she was voluntarily ordered to  active  duty  in
the grade of captain, Reserve of the Air Force, for a period  of  four
years on 23 August 2000.

On 22 May 2002, the applicant initially underwent a Medical Evaluation
Board (MEB) evaluation  at  Randolph  AFB,  TX,  for  supraventricular
tachycardina, migraines and latex allergy.  An  MEB  was  convened  on
11 June 2002, with the recommendation for  referral  to  the  Informal
Physical Evaluation Board (IPEB).  On 31 July 2002, an  IPEB  convened
and established a diagnosis of supraventricular  tachycardia,  existed
prior to service  without  service  aggravation;  migraine  headaches,
existed prior to  service  without  service  aggravation;  and,  latex
allergy, existed prior to service without  service  aggravation.   The
IPEB found the applicant fit and recommended she be returned  to  duty
for further care and observation.

In September 2002, the applicant was reassigned to  Little  Rock  AFB,
AR.  Due to the significant medical changes that  occurred  since  the
applicant’s last MEB, she underwent an MEB evaluation  in  June  2003.
An MEB convened on 15 July 2003 and their diagnosis and findings were:
supraventricular tachycardia,  status  post  ablation  with  worsening
symptoms; latex allergy; and migraines.  The MEB recommended  referral
to the Informal Physical Evaluation Board (IPEB).  The  IPEB  convened
on 6 August 2003 and found her  medical  condition  existed  prior  to
service  (EPTS),  was  not  permanently  aggravated  through  military
service, found unfit because of physical  disability  and  recommended
discharge under the provisions other than Chapter  61  (administrative
discharge).  She apparently appealed to the Formal Physical Evaluation
Board (FPEB).  An FPEB was convened on  20  November  2003  and  their
findings and recommended disposition reveals  their  concurrence  with
the  IPEB.   The  FPEB  found  the  applicant  unfit  and  recommended
discharge.  The applicant, through counsel, submitted  a  rebuttal  to
the  FPEB  findings.   Counsel  requested  the  IPEB’s  findings   and
recommendations be modified to find  the  applicant  with  a  service-
connected disability of 30 percent or an  EPTS  condition  permanently
aggravated by  service;  regardless,  she  should  be  placed  on  the
Temporary Disability Retired List (TDRL).

The applicant appealed to the Secretary of  the  Air  Force  Personnel
Council (SAF/PC).  On 1 March 2004, SAF/PC  upheld  the  findings  and
conclusions of the Physical Evaluation Boards (PEBs).   The  Secretary
of the Air Force directed the applicant be returned to duty.

On 17 May 2004, the applicant tendered her  active  duty  resignation,
effective 22 August 2004.  The applicant was released from active duty
in  the  grade  of  captain  under  the  provisions  of  AFI   36-3208
(completion of required active service) and  transferred  to  the  Air
Force Reserve on 22 August 2004.  She had completed a  total  of  four
years of active service.  Effective 23 August 2004, the applicant  was
assigned to the Obligated Reserve Section (ORS) of the Ready Reserve.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant summarized the  information  contained  in
the applicant’s personnel and medical records and is  of  the  opinion
that no change in the applicant’s record is warranted.  Details of his
evaluation are at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel and applicant  reviewed  the  advisory  opinion  and  provided
statements.  Counsel states the quandary in  this  case  is  that  the
applicant developed a serious heart condition while on active duty the
evidence shows did not exist prior to entering  the  Air  Force.   She
received surgery and either the condition itself or  the  surgery  has
caused  permanent  injury  that  requires   further   evaluation   and
treatment.   The  Personnel  Council  was  unable  to  determine   the
seriousness of her current condition, yet she was forced  to  separate
with all these questions remaining unanswered.  The  records  in  this
case support a finding that her condition was as a minimum, aggravated
during her service and she should be retired.  However, even were  the
records not supportive of retirement at this time, the applicant could
have been placed on the Temporary Disability Retired List  (TDRL)  for
continued care and observation.  Alternatively, the  Air  Force  could
have allowed her to extend her service  for  the  continued  care  and
observation that was felt necessary.  For  the  Personnel  Council  to
have just said they can’t make a decision and let her separate without
making a final resolution  of  the  issues  in  this  case  simply  is
untenable.  Refer to Exhibit E for applicant’s response.

In support  of  applicant’s  request,  counsel  and  applicant  submit
personal  statements,  a  statement  from  applicant’s  commander  and
additional  documents  associated  with  the  issues  cited   in   the
contentions.  The counsel’s complete submission, with attachments,  is
at Exhibit E.

_________________________________________________________________

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 error or injustice.  While we are reluctant to substitute
our judgment for that of medical personnel who are qualified to review
and make recommendations concerning medical issues,  after  thoroughly
reviewing applicant’s  submission  and  the  evidence  of  record,  we
believe there is sufficient doubt as to whether or not  the  applicant
should have been placed  on  the  Temporary  Disability  Retired  List
(TDRL).   We  noted  that,  due  to  the   applicant’s   episodes   of
supraventricular tachycardia (SVT), extensive  heart  procedures  were
performed and  she  was  evaluated  under  the  Air  Force  Disability
Evaluation System.  In reviewing  the  disability  processing  of  the
applicant’s  case,  we  noted  the  inconsistencies  in  the   medical
opinions.  In August 2003,  the  Informal  Physical  Evaluation  Board
(IPEB) indicated the applicant’s medical condition  existed  prior  to
service (EPTS); she was found unfit and the IPEB recommended discharge
action.  In November 2003, the Formal Physical Evaluation Board (FPEB)
stated it was beyond their  scope  to  determine  if  the  applicant’s
condition was permanently aggravated by a  medical  mishap.   Although
her condition is EPTS, the FPEB opined the applicant’s “PSVT meets the
criteria for a 30% rating.”  However, they found the  applicant  unfit
and recommended discharge.  On 1 March 2004, the Secretary of the  Air
Force Personnel Council (SAF/PC) upheld the findings  and  conclusions
of the Physical Evaluation Boards.  However, they concluded  returning
the applicant to duty for continued care and observation was the  most
appropriate course of action.  SAF/PC also indicated that, should  the
applicant again experience a recurrence of duty-limiting symptoms that
cannot be promptly brought under control, she was subject to a  repeat
medical assessment upon  which  her  fitness  for  continued  military
service would again be based.  Furthermore, as  evidenced  by  the  26
July 2004 statement from her commander, the applicant  approached  him
months earlier concerning the possibility  of  extending  her  service
commitment another year  to  allow  her  to  seek  additional  medical
treatment.  Even though the  applicant  did  not  receive  the  MAJCOM
support  necessary  for  approval  of  her  extension  request,  which
resulted  in  her  ultimate   separation,   her   commander   strongly
recommended the applicant be provided the necessary  medical  benefits
needed.  In view of the above,  it  appears  the  applicant’s  medical
condition may  have  been  far  more  severe  at  the  time  of  final
determination.  In addition, the available evidence has  created  some
doubt  as  to  propriety  of  the  finding  of  EPTS  without  service
aggravation in this case.  The comments of the Air Force evaluator are
noted.  However, based on the totality of  the  evidence  before  this
Board and in an effort to remove any possibility of an  injustice,  we
recommend that she be found unfit and  placed  on  the  TDRL,  with  a
disability rating of 30 percent.  Placing the applicant  on  the  TDRL
allows for a reevaluation  and,  at  the  appropriate  time,  a  final
disposition will be made.  Accordingly, we recommend that the  records
be corrected as 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 Physical  Evaluation
Board recommended and the Air Force Personnel Board  agreed  that  she
should be found unfit to perform the duties of her office, rank, grade
or rating by reason of physical disability incurred while entitled  to
basic pay;  that  the  diagnosis  in  her  case  was  supraventricular
tachycardia status post ablation, Veterans Administration Schedule  of
Rating Disabilities (VASRD) code 7010, rated at 30%; and that her case
be forwarded to the Assistant Secretary of  Defense  (Health  Affairs)
for approval in accordance with Title 10, United States Code,  Section
1216(d), and DOD Directive 1332.18.

Upon approval by the Assistant Secretary of Defense (Health  Affairs),
her records be further corrected to show that she did not  tender  her
resignation and was  not  separated  upon  completion  of  her  active
service commitment on 22 August 2004, but, on that date, her name  was
placed on the Temporary Disability Retired List (TDRL).
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 2 December 2004, under the provisions of AFI  36-
2603:

                  Ms. Marilyn M. Thomas, Vice Chair
                  Mr. Gregory A. Parker, Member
              Ms. B. J. White-Olson, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2004-02004.


   Exhibit A.  DD Form 149, dated 16 Jun 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 14 Jul 04.
   Exhibit D.  Letter, SAF/MRBR, dated 23 Jul 04.
   Exhibit E.  Letter from Counsel, dated 26 Jul 04, w/atchs.




                                   MARILYN M. THOMAS
                                   Vice Chair



AFBCMR BC-2004-02004




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 APPLICANT be corrected to show that a Physical
Evaluation Board recommended and the Air Force Personnel Board agreed
that she should be found unfit to perform the duties of her office,
rank, grade or rating by reason of physical disability incurred while
entitled to basic pay; that the diagnosis in her case was
supraventricular tachycardia status post ablation, VASRD code 7010,
rated at 30%; and that her case be forwarded to the Assistant
Secretary of Defense (Health Affairs) for approval in accordance with
Title 10, United States Code, Section 1216(d), and DOD Directive
1332.18.

      Upon approval by the Assistant Secretary of Defense (Health
Affairs), her records be further corrected to show that she did not
tender her resignation and was not separated upon completion of her
active duty service commitment on 22 August 2004, but, on that date,
her name was placed on the Temporary Disability Retired List (TDRL).




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency