RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02997
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 26 MARCH 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her separation code of “JFL” and reenlistment eligibility (RE) of “2Q”
be changed to allow eligibility to reenlist. In addition, her medical
records be corrected; specifically, the Medical Evaluation Board (MEB)
findings and medical diagnosis.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The medical evaluation and cause of discharge were unjust. She was
wrongly diagnosed, prescribed and treated. Her condition has improved
100% since the end of the year long Medical Evaluation Board (MEB)
process and quitting the wrongly prescribed medication, Prozac. She
is not an alcoholic and has never had an alcohol related incident.
She volunteered for the Alcohol Program because she was afraid of
going to Korea after friends and family returned and had alcohol
incidents. As to Bulimia, she was never tested for acid reflux. She
is not depressed. She believes medication and the MEB process had a
role in the diagnosis.
In support of her request, the applicant submits two DD Forms 149,
copies of her DD Form 214, the findings of the MEB and Formal Physical
Evaluation Board (FPEB), rebuttal to the FPEB, statements from co-
workers and friends 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 initial enlistment in the Regular Air Force
on 8 December 1993. She was progressively promoted to the grade of
senior airman (E-4), with an effective date and date of rank of 8
December 1996. The applicant reenlisted in the grade of E-4 on 13
June 1997 for a period of six years.
Information extracted from applicant’s submission reveals she was
being treated at Robins AFB, Medical Facility, for alcohol abuse;
however, on 9 May 2000, the Alcohol and Drug Abuse Prevention and
Treatment Program Manager determined the applicant needed to be
referred “out to an eating disorder specialty.” On 17 July 2000, she
received a referral for Bulimia treatment.
A Medical Evaluation Board (MEB) was convened on 21 February 2001 and
their diagnosis and findings were: Bulimia Nervosa; Status Post
Partial Thyroidectomy. The MEB recommended referral to a Physical
Evaluation Board (PEB).
On 5 June 2001, an Informal Physical Evaluation Board (IPEB) convened
and established a diagnosis of Depressive Disorder, definite social
and industrial adaptability impairment and Bulimia Nervosa, moderate.
Other diagnosis considered but not ratable: Status post partial
thyroidectomy; Alcohol Abuse - early remission and Tobacco Abuse. The
IPEB found the applicant unfit because of physical disability and
recommended discharge with severance pay, with a compensable rating of
20 percent. On 12 June 2001, the applicant disagreed with the
findings and recommended disposition of the IPEB and demanded a Formal
PEB (FPEB).
On 29 June 2001, the FBEB convened and established a diagnosis of
Depressive Disorder, mild and chronic, and Bulimia Nervosa, moderate.
Other diagnosis considered but not ratable: Status post partial
thyroidectomy, Alcohol Abuse - early remission, and Tobacco Abuse.
The FPEB found the applicant unfit because of physical disability and
recommended discharge with severance pay, with a compensable rating of
20 percent. On 29 June 2001, the applicant disagreed with the
findings and recommended disposition of the FPEB and submitted a
rebuttal.
On 24 July 2001, officials within the Office of the Secretary of the
Air Force determined the applicant was physically unfit for continued
military service and directed discharge, with severance pay.
She was honorably discharged on 18 September 2001 under the provisions
of AFI 36-3212 (disability, severance pay), with a separation code of
JFL. She had completed a total of 7 years, 9 months and 11 days and
was serving in the grade of senior airman (E-4) at the time of
discharge. She received an RE Code of 2Q, which defined means
"Personnel medically retired or discharged."
The Department of Veterans Affairs (DVA) records reflect that the
applicant was granted a combined disability rating of 30 percent.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant summarized the information contained in
the applicant’s available personnel and medical records and is of the
opinion that no change in the applicant’s record is warranted. The
BCMR Medical Consultant states there is insufficient primary medical
documentation available to further evaluate the applicant’s contention
that her problems were of a transient nature and largely due to
medication side effects such that she could be considered for reentry
into military service. The available documentation supports a finding
of unfit due to the persistent and recurrent nature of her conditions,
the requirement for hospitalization and the need for continuing
psychiatric support. Furthermore, her history of depressive disorder
and eating disorder, even if presently asymptomatic, are disqualifying
for entry into military service due to the risk for recurrence under
conditions of stress. The preponderance of the medical evidence as
documented in the available records support the findings and
recommendations of the IPEB, the FPEB and the Secretary of the Air
Force Personnel Council. 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 5
July 2005 for review and response. As of this date, no response has
been received by this office (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. 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, 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. No evidence has
been provided to reflect she was not treated fairly and properly by
the Air Force and all procedures were followed. 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 10 August 2005, under the provisions of AFI 36-
2603:
Mr. Michael J. Novel, Panel Chair
Ms. Patricia R. Collins, Member
Ms. Jan Mulligan, Member
The following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2004-02997.
Exhibit A. DD Forms 149, dated 10 Sep 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 27 Jun 05.
Exhibit D. Letter, SAF/MRBR, dated 5 Jul 05.
MICHAEL J. NOVEL
Panel Chair
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