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AF | BCMR | CY2005 | BC-2004-02636
Original file (BC-2004-02636.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-02636
                                       INDEX CODE:  108.00
      XXXXXXXXXXXXX                     COUNSEL:  NONE

      XXXXXXXXXX                        HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 February 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be changed  to  show  a  disability  discharge  due  to  service
aggravation rated at 100%, she be awarded the pay grade of senior airman (E-
4), and she receive retroactive pay and entitlements.
_________________________________________________________________

APPLICANT CONTENDS THAT:

She suffered a sexual assault prior to entering the service causing  a  post
traumatic stress disorder.  Her preexisting disability did not  prevent  her
from entering the Air Force;  however,  her  condition  was  repeatedly  and
severely aggravated while serving on active duty.  Therefore, she should  be
awarded a permanent Department of Veterans Affairs (DVA)  disability  rating
at 100% to cover all mental and physical medical conditions.   In  addition,
she is entitled  to  promotion  to  senior  airman  (E-4)  because  she  was
discharged 14 days prior to receiving the promotion.

In support of her application, the applicant provides a personal  statement;
certificates  of  recognition  and  appreciation;  and  her  DD  Form   214,
Certificate of Release or  Discharge  from  Active  Duty.   The  applicant’s
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 2 December 1998, the applicant enlisted in the Regular Air Force  at  the
age of 24 in the grade of airman basic (E-1) for  a  period  of  six  years.
She was trained as a Supply Journeyman and  was  progressively  promoted  to
the  grade  of  airman  first  class  (E-3).   She  received  one   enlisted
performance report for the period 2 December  1998  through  15  July  2000,
with an overall rating of “5.”  On 31 March  1999,  the  applicant  received
non-judicial punishment for failure to obey a lawful general  regulation  by
wrongfully going  to  a  hotel  in  the  local  area.   Her  punishment  was
reduction in grade to airman,  suspended  until  30  September  1999,  after
which time it was remitted without further action.

In March 1999, the applicant was  seen  in  the  mental  health  clinic  for
depressed mood and anxiety  diagnosed  as  Adjustment  Disorder  with  Mixed
Anxiety and Depressed Mood.  In May 2000, she  experienced  a  panic  attack
after donning a gas mask and was referred to the mental  health  clinic  for
evaluation and treatment.  The  evaluation  uncovered  a  prior  to  service
sexual assault at age 20, a strong fear of confinement and smothering  since
childhood, and reoccurring episodes  of  depression  during  her  teens  and
early twenties which were not reported by the applicant at the time  of  her
enlistment exam.  She was referred to rape counseling and therapy  to  treat
her apparent phobia to gas masks.   Subsequently,  she  was  diagnosed  with
recurrent Major Depression beginning in adolescence that was not  aggravated
by service, and post traumatic stress disorder,  delayed  onset,  caused  by
the pre-service  sexual  assault.   Following  treatment,  her  psychiatrist
determined her conditions would not improve sufficiently  to  become  world-
wide qualified for duty and referred her  for  a  Medical  Evaluation  Board
(MEB).

On 16 January 2001, the MEB diagnosed the applicant with  Major  Depression,
Recurrent,  and  Post  Traumatic  Stress  Disorder.  The  MEB  referred  the
applicant’s case to a Physical Evaluation Board (PEB).   The  PEB  findings,
dated  25  January  2001,  indicated  the  applicant   suffered   from   two
interrelated medical conditions, both existed prior to  service  (EPTS)  and
not permanently aggravated through military  service.   The  PEB  found  the
applicant unfit because both conditions are incompatible with the rigors  of
military service and her conditions were not compensable  or  ratable.   The
PEB recommended the applicant be  discharged  under  provisions  other  than
Title  10  United  States  Code,  Chapter  61   (i.e.   without   disability
compensation).

On 14 March 2001, the applicant was separated with  an  honorable  discharge
with a separation code of JFM (disability existed prior to  service)  and  a
reentry code of 2Q (personnel medically retired  or  discharged).   She  had
served 2 years, 3 months and 14 days on active duty.

DVA Rating Decisions, dated 10 August 2001 and 30  October  2003,  indicates
that the  applicant  was  denied  service  connected  disability  for  major
depressive disorder associated with post traumatic stress disorder and  fear
of confinement/smothering.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant  is  of  the  opinion  that  no  change  in  the
applicant’s records is warranted.  The BCMR Medical  Consultant  states  the
preponderance of the evidence does not support the applicant’s request.

It  is  the  opinion  of  the  BCMR  Medical  Consultant  that  action   and
disposition in this case were proper  and  equitable  reflecting  compliance
with Air  Force  directives  that  implement  the  law.   The  BCMR  Medical
Consultant’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on  21
September 2005 for review and response 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 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 an error or injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case and do not  find  that
it supports a determination that the  applicant’s  discharge  from  the  Air
Force was in error or  unjust.   Applicant’s  contentions  are  duly  noted;
however, we believe the detailed  comments  provided  by  the  BCMR  Medical
Consultant accurately address her allegations.  In view of this finding,  we
agree with the opinions and recommendation of the  BCMR  Medical  Consultant
and we adopt his rationale as a basis for our conclusion that the  applicant
has not been the victim of either an error or an injustice.  In the  absence
of evidence to the contrary,  we  find  no  compelling  basis  to  recommend
granting the relief sought in this appeal.

_________________________________________________________________

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 17 November 2005, under the provisions of AFI 36-2603:

            Mr. James W. Russell III, Panel Chair
            Ms. Kathleen B. O’Sullivan, Member
            Ms. LeLoy W. Cottrell, Member


The following documentary evidence for AFBCMR Docket Number
BC-2004-02636 was considered:

      Exhibit A.  DD Form 149, dated 1 Sep 04, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dated 19 Sep 05.
      Exhibit D.  Letter, SAF/MRBR, dated 21 Sep 05.




                                  JAMES W. RUSSELL III
                                                   Panel Chair

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