RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02954
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to show he  was  medically  retired  from  the
Georgia Air National Guard (GAANG).

_________________________________________________________________

APPLICANT CONTENDS THAT:

In September 1987, while in an Active/Guard Reserve (AGR) status  with
the GAANG, he experienced what was later diagnosed as a panic  attack.
He contends he experienced several such attacks before finally  seeing
a doctor.  He was prescribed Xanax and took the  medication  regularly
until the medicine showed up  during  a  random  drug  test.   He  was
directed to see a physician at a  Naval  Air  Clinic  at  Dobbins  Air
Reserve Base (ARB) where he was diagnosed  with  panic  disorder  with
agoraphobia.

His squadron was deactivated on 30 September 1996.  As  there  was  no
suitable position for  him  elsewhere  and  since  he  had  a  medical
condition, a Georgia State Headquarters human resources representative
told him that the Special Separation Bonus (SSB) program would be  the
best avenue for him to separate,  as  it  would  address  his  medical
condition.  He describes his subsequent out-processing as a joke.   He
contends no one at his unit knew how to out process someone under  the
SSB program and ultimately only gave him a copy of his  DD  Form  214.
He did not receive a separation physical even after he  explained  his
condition to them.  He did not receive  any  information  on  the  SSB
program and therefore did not know how to obtain  any  of  the  listed
benefits that were  provided  for  in  the  contract  he  signed.   He
contends he made at least 100 long distance phone calls and after four
months he  finally  received  the  SSB  money.   He  applied  for  the
Montgomery GI Bill and while initially approved, his  application  was
later denied.  He ended up paying his remaining tuition costs with the
SSB money.

In February 2004, he  was  made  aware  of  his  rights  to  Veteran’s
benefits.  He filed for a medical  disability  through  the  Veteran’s
Administration  (VA)  and  in  September  2004,  he  received  a   10%
disability rating but was told in order  to  receive  the  benefit  he
would have to pay back the SSB money he received.  He appealed to  the
VA and was told he should have received a medical retirement from  the
GAANG and not an SSB separation.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement and pertinent copies of civilian medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant began his military career on 5 April 1966 and served until 4
April 1970 when he was released to the Inactive Reserve.  On  4  April
1972, he was discharged from the Inactive Reserve and  remained  in  a
civilian status until 20 August 1977  when  he  enlisted  in  the  Air
National Guard.  Between August 1977 and August  1981  he  accumulated
three satisfactory years of service after which he did not participate
further and resigned with an honorable discharge effective 15 February
1983.  He reenlisted and on 1 August 1987, he began an AGR  tour  with
the GAANG.  In September 1987, he experienced what was later diagnosed
as a panic attack.  He was eventually diagnosed  with  panic  disorder
with agoraphobia.  From September 1987 until his voluntary  separation
due to unit deactivation in September 1996 he  was  evaluated  several
times where he indicated no problems with his medication and that  his
symptoms were well controlled.  On 30 September 1996, nine  years  and
two months after he began his AGR tour he  was  voluntarily  separated
under the SSB program due to unit deactivation.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant’s review of  the  available  documentation
both in the  service  medical  record  and  from  that  given  by  the
applicant show  the  applicant  was  successfully  treated  for  panic
disorder throughout his 9 year period of active  service  from  August
1987 to 30 September 1996.   In  2004,  the  Department  of  Veteran’s
Affairs (DVA) granted him service  connected  disability  compensation
for panic disorder with a rating  of  10  percent.   Evidence  of  the
service medical record shows he was treated for panic  disorder  while
serving on active duty but that the condition remained well controlled
and did not interfere with the performance of duty.  The BCMR  Medical
Consultant contends that no change in the  records  is  warranted,  as
action  and  disposition  in  this  case  were  proper  and  equitable
reflecting compliance with Air Force  directives  that  implement  the
law.

The remaining pertinent medical facts are contained in the evaluation
prepared by the BCMR Medical Consultant at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends the service medical record used by the DVA and  the
BCMR Medical Consultant to make their determination was incomplete and
did not contain all the information on his disorder.  He contends  the
records he has only include copies of routine visits and letters  from
outside doctors and do not include  copies  of  any  of  the  numerous
unscheduled visits that were made because of conditions caused by  his
panic disorder.

He contends he never told the doctors every detail of his condition as
he was told by personnel at his unit that should his condition  worsen
or his dosage of medication increase, his world wide  mobility  status
may be affected and threaten his job with the ANG.  He was able to  do
his job under the circumstances and did not want to have to deal  with
the possibility he could be discharged.

He contends the BCMR Medical Consultant’s statement that “There is  no
evidence  that  shows  a  referral  for  disability  compensation  was
warranted at the time of his voluntary separation” is due to the  fact
he was not given an exit physical prior to leaving  active  duty.   He
reiterates the GAANG Headquarters told him that  a  physical  was  not
necessary - that accepting the SSB separation covered  his  condition.
During the course of trying to get government agencies to  accept  his
condition as service connected, he believes that because he was  never
continuously seen post service by a psychiatrist his condition was not
serious.  He contends he had no say over the type of medical  care  he
received while in the military and because he was seen only  twice  by
military psychiatrists he was led to believe  it  was  not  important.
Therefore,  he  did  not  seek  psychiatric  help  after  leaving  the
military.

Applicant’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 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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however,  the  applicant’s  medical  records  show  his  illness   was
successfully treated and did not interfere with his  duties  while  on
his Active Guard/Reserve (AGR) tour  with  the  GAANG.  Therefore,  we
agree  with  the  opinion  and  recommendation  of  the  BCMR  Medical
Consultant and adopt his rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an error  or  injustice.
Notwithstanding the problems the applicant  encountered  in  obtaining
his Special Separation Bonus  payment,  it  appears  he  was  properly
separated under  the  SSB  program  as  a  result  of  his  squadron’s
deactivation and the loss of his  AGR  position.   Therefore,  in  the
absence of evidence to the contrary, we find no  compelling  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 AFBCMR Docket Number BC-
2005-02954 in Executive  Session  on  27  September  2005,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Sep 04, w/atchs.
    Exhibit B.  Applicant’s Personnel Records
    Exhibit C.  BCMR Medical Consultant Letter, dated 25 Jul 05.
    Exhibit D.  SAF/MRBR, dated 26 Jul 05
    Exhibit E.  Letter, Applicant, dated 8 Aug 05, w/atchs.




                                   MICHAEL J. NOVEL
                                   Panel Chair