RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02530
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  17 FEBRUARY 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to show her medical condition did  not  exist
prior to service.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Her records state she was treated for depression  for  a  year  before
entering the service.  She was never treated  nor  saw  a  doctor  for
depression or any other mental issues prior to service.

In  support  of  her  request,  the  applicant  submits  two  personal
statements, a character reference statement while on active  duty  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:

Applicant contracted her enlistment in the Regular  Air  Force  on  30
June 1999 for a period six years.  She was progressively  promoted  to
the grade of airman first class (E-3),  with  a  date  of  rank  of  3
September 1999 and an effective date of 24 November 1999.

A Medical Evaluation Board (MEB) was convened on 17 October  2000  and
their  diagnosis  and  findings  were:   Recurrent  Major   Depression
Disorder, with 1 April 2000 as the approximate date  of  origin.   The
MEB recommended referral to the Physical Evaluation Board (PEB).

On 17 November 2000, an  Informal  Physical  Evaluation  Board  (IPEB)
convened and established a  diagnosis  of  Major  Depressive  Disorder
(Recurrent).  Definite social and industrial adaptability  impairment.
Existed prior to service (EPTS) without service aggravation.  The IPEB
found  the  applicant  unfit  because  of  physical   disability   and
recommended discharge under provisions other than  Chapter  61,  Title
10, USC, (EPTS), with a compensable  rating  of  30  percent.   On  22
November  2000,  the  applicant  disagreed  with  the   findings   and
recommended disposition of the IPEB and requested a Formal PEB (FPEB).

On 10 January 2001, a Formal Physical Evaluation Board (FPEB) convened
and established a diagnosis of Major Depressive Disorder  (Recurrent).
Definite social and industrial adaptability impairment.  Existed prior
to service (EPTS) without service aggravation.    The FPEB  found  the
testimony  and  medical  evidence  to   support   the   findings   and
recommendations of the IPEB.   The  FPEB  found  the  applicant  unfit
because  of  physical  disability  and  recommended  discharge   under
provisions other than Chapter  61,  Title  10,  USC,  (EPTS),  with  a
compensable rating of 30 percent.  On 10 January 2001,  the  applicant
disagreed with the findings and recommended disposition  of  the  FPEB
and submitted a rebuttal to the Secretary of the Air  Force  Personnel
Council (SAFPC), dated 28 January 2001.

On 14 February 2001, Officials within the Office of the  Secretary  of
the Air Force  determined  the  applicant  was  physically  unfit  for
continued military service due to a physical disability which  existed
prior to  military  service  (EPTS)  and  directed  the  applicant  be
discharged without disability benefits.

The applicant was  honorably  discharged  on  1  May  2001  under  the
provisions of AFI 36-3212 (Disability, Existed Prior to Service, PEB).
 She had completed a total of one year, ten months and  two  days  and
was serving in the grade of airman first class (E-3) at  the  time  of
discharge.
_________________________________________________________________

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.   The  BCMR
Medical Consultant states the applicant was discharged  for  recurrent
major  depression  that  existed  prior  to  service.   She  was  also
diagnosed with Intermittent Explosive Disorder and antisocial  traits,
conditions also existing prior to service.   Evidence  of  the  record
shows the applicant’s psychiatric problems clearly preceded entry into
military service and were of the same character and pattern as  during
service.  The psychiatrist determined her condition existed  prior  to
service and was recurrent.   Although  the  applicant’s  symptoms  had
improved, the IPEB and FPEB found her unfit for military  service  due
to the recurrent and chronic nature  of  her  condition.   Action  and
disposition  in  this  case  are  proper  and   equitable   reflecting
compliance with Air Force directives that implement the law.   Details
of his evaluation are at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  applicant  on  1
August 2005 for review and response.  As of this date, no response has
been received by this office (Exhibit D).
_________________________________________________________________

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.  After a thorough review  of  the
evidence of record and the applicant’s submission, we are  unpersuaded
that the applicant’s disability processing and the  final  disposition
of her case were in error or  contrary  to  the  governing  Air  Force
instructions, which implement the law.  Therefore, we agree  with  the
opinion and recommendation of the BCMR Medical  Consultant  and  adopt
the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has failed to sustain  her  burden  that  she  has  suffered
either an error or an injustice.  In view  of  the  above  and  absent
evidence to the contrary, we find no basis to recommend  granting  the
relief sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________

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 8 September 2005, under the provisions of AFI 36-
2603:

                  Mr. Michael J. Novel, Panel Chair
                  Ms. Cheryl V. Jacobson, Member
                  Mr. Terry L. Scott, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2004-02530.

   Exhibit A.  DD Form 149, dated 16 Jul 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 27 Jul 05.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Aug 05.




                                   MICHAEL J. NOVEL
                                   Panel Chair