RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01726
                                             INDEX CODE:  100.00
      XXXXXX                                 COUNSEL:  NONE

                                             HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  22 November 2006


________________________________________________________________

APPLICANT REQUESTS THAT:

1.    Her records be corrected to show that she was medically discharged  on
3 August 1978.

2.    She receive compensation, i.e., back pay and equitable  relief,  as  a
result of the Board’s 1981 upgrade  of  her  Reenlistment  Eligibility  (RE)
Code and the sexual harassment she endured while on active duty.

________________________________________________________________

APPLICANT CONTENDS THAT:

She should have been medically discharged for major depression and  she  was
unfairly  discharged  due  to  sexual  harassment.   In  March  1974,  after
returning from a Delayed Entry Program (DEP) activity, she was  drugged  and
raped by her recruiter.  From 1974 to 1978, she was  forced  to  endure  the
sexual  advances  of  a  noncommissioned  officer  (NCO)   until   she   was
transferred from the unit.  When she complained to her  commander,  she  was
cross-trained as a diet therapist and was groped by her supervisor in  1979.
 She received an “early out” because she could not take it anymore.

The incorrect RE Code, which was upgraded by the Board  in  1981,  has  kept
her out of the military from 1978 to 1981.  Further, she was never  told  at
the time her records were corrected that she was entitled to  back  pay  and
equitable relief.

In support of her appeal, applicant submits her personal statement,  a  copy
of her DD Form 214, Certificate of  Release  or  Discharge  from  the  Armed
Forces, and extracts from her Department of Veterans Affairs (DVA) records.


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

________________________________________________________________

STATEMENT OF FACTS:

On 2 April 1974, applicant enlisted in the Air Force Reserve  (AFRes)  under
the DEP.  She was honorably discharge from the AFRes on 16 April  1974,  and
enlisted in the Regular Air Force (RegAF) on 17 April 1974, for a period  of
six years.  She  was  progressively  promoted  to  the  grade  of  sergeant,
effective and with a date of rank (DOR) of 1 March 1976.

On 29 June 1978, the commander notified her that action had  been  initiated
to affect her discharge for apathy and defective  attitude.   The  commander
indicated the following bases for the action:

      a.    On 7 and 23 June 1978, she failed to report for duty, for  which
she received two failures to repair letters.

      b.    On or  about  22  May  1978,  she  failed  to  go  at  the  time
prescribed to her place of duty without authority, for  which  she  received
an Article 15, with punishment consisting  of  reduction  to  the  grade  of
airman first class.

      c.    A Shift Leader statement documenting her failure to comply  with
duty procedures.

      d.    A  Memorandum  for  Record  (MFR)  from  the  Dormitory  Monitor
documenting an incident that occurred at 0900 hours on 24 May  1978  in  the
barracks.

      e.    A statement from an individual who was present at 0900 hours  on
24 May 1978 during the barracks incident.

      f.    A statement by her roommate concerning  an  incident  on  23 May
1978 that took place in their dormitory room.

      g.    An MFR from a Chief Master Sergeant concerning a telephone  call
he received from the Base Housing Inspection Office and the appointment  she
failed to meet.

      h.    A Quality Assurance Letters, dated 24 April  and  22  May  1978,
recording counselings concerning her failures to attend Commanders Call.

      i.    A statement from a  staff  sergeant  reporting  her  failure  to
follow proper procedures.

      j.    A statement from a technical  sergeant  stating  she  failed  to
follow proper procedures in preparing formulas.

      k.    A Quality Assurance  Letter,  dated  25  April  1978,  recording
counseling concerning  her  conduct  unbecoming  a  Noncommissioned  Officer
(NCO) in that she had a verbal and physical conflict with a sergeant.

      l.    A Quality  Assurance  Letter,  dated  5  April  1978,  recording
initial counseling.

      m.    An AF Form 1137,  Unfavorable  Information  File  (UIF)  Summary
showing three Letters of Reprimand (LORs) for financial  irresponsibility  -
31 March 1978, failure  to  report  -  22 September  1977,  and  failure  to
go/misconduct - 27 April 1977.

On 5 July 1978, she acknowledged receipt of the discharge  notification  and
after consulting with military counsel,  submitted  statements  in  her  own
behalf.

From 11 through 14 July 1978, she was interviewed by an evaluation  officer,
who,  after  reviewing  the  entire  administrative  discharge   file,   the
applicant’s personnel records, and all other related documents  and  papers,
found that she was unsuitable for further military service  and  recommended
she be given an honorable discharge, without probation  and  rehabilitation.
The discharge file was  found  legally  sufficient  and  the  discharge  was
approved.

On 3 August 1978, she was honorably discharged under the provisions  of  AFM
39-12 (Unsuitability - Apathy - Defective  Attitude).   She  completed  four
years, three days, and 17 months of active service.

On 7 August 1980, upon the recommendation of the Air Force Personnel  Board,
the Secretary of the Air Force found that she did  serve  satisfactorily  in
the higher grade of sergeant within the meaning  of  Section  402(d),  Title
38, United States Code.

In an application, dated 26 March 1981, she requested her RE  code  of  RE-4
be  upgraded  so  that  she  could  enter  the  Navy  Reserves.   Upon   the
recommendation of the Air  Force  Personnel  Board,  on  24 June  1981,  the
Secretary of the Air Force approved her request to upgrade her  RE  code  to
RE-1.

________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant if of the opinion that no change in the  records
is  warranted.   The  military  Disability  Evaluation   System   (DES)   is
established to maintain a  fit  and  vital  force  and  can  compensate  for
unfitting conditions which render a member unable to perform their  military
duties, and then only to the degree of severity at the time  of  separation.
Although the Air Force is required to rate disabilities in  accordance  with
the DVA Schedule for Rating Disabilities, the DVA operates under  a  totally
separate system with a different statutory basis.  The  DVA  rates  for  any
and all service-connected conditions, to  the  degree  they  interfere  with
future employability, without consideration of fitness.   Whereas,  the  Air
Force rates a member's disability based on the degree  of  severity  at  the
time of separation.  In the applicant’s case, her Air Force service  medical
records indicate she was treated for a variety  of  minor  medical  problems
related to personal stressors, i.e., chronic  symptoms  of  depressed  mood,
anxiety and trouble sleeping, none of which interfered with the  performance
of her military duties.  Her service medical records also do  not  show  any
medical or  mental  condition  while  on  active  duty  that  warranted  her
evaluation through the DES.  In addition, her service medical and  personnel
records indicate no complaints or reports of sexual harassment  or  assault,
to include her written response  to  the  administrative  discharge  action.
Following her separation from the Air Force, she was employed  and  did  not
report any symptoms or  medical  concerns  during  1982  and  1987  military
enlistment examinations.  DVA rating decisions note no diagnosis of  chronic
psychiatric disorder while on active duty in the Air Force and no  diagnosis
of the disorder until the mid-1980’s.  Further,  the  DVA  has  consistently
denied her claim for service-connection for chronic  psychiatric  condition,
including depression and post-traumatic  stress  disorder  (PTSD)  from  in-
service sexual trauma.  Regardless  of  the  cause  or  specific  diagnosis,
medical conditions that were not unfitting for  continued  military  service
are not ratable or compensable under the military DES.

The BCMR Medical Consultants also notes that  neither  the  Military  Sexual
Trauma Counseling Act of 2004 (a DVA program) and the  September  11  Victim
Compensation Fund are Department of  Defense  (DoD)  programs  and  are  not
within the purview of the AFBCMR.

The BCMR Medical Consultant’s evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 10  July
2006, for review and comment, within 30 days.  However, as of this date,  no
response has been received by this office.

________________________________________________________________

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.   Although  the  applicant  contends  she
should have been medically discharged, she provides no documentary  evidence
to support that she was unfit for continued military service at the time  of
her discharge  from  the  Air  Force.   Further,  following  her  Air  Force
separation, she served in the Army  National  Guard  (ARNG)  from  13 August
1981 through 2 September 1982; the Marine  Reserves  from  3 September  1982
through 2 September 1984; and again in the ARNG from 20 March  1987  through
11 January 1992.  The BCMR Medical Consultant has  thoroughly  reviewed  the
evidence of record and provided extensive  comments  regarding  the  medical
issues of this case, in which he ultimately opines that  no  change  in  the
records is warranted.  In deference to the  comments  of  the  BCMR  Medical
Consultant, which appear to be supported by  the  evidence  of  record,  and
since the applicant has not provided sufficient  evidence  to  overcome  the
presumption of fitness, we find no compelling basis to  recommend  favorable
consideration of  her  request.   Furthermore,  since  the  Military  Sexual
Trauma Counseling Act of 2004 (a DVA program) and the  September  11  Victim
Compensation Fund are  Department  of  Defense  (DoD)  programs,  her  claim
request under these provisions is not within the purview of this Board.

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  Docket  Number  BC-2005-01726
in Executive Session on 22 August 2006, under  the  provisions  of  AFI  36-
2603:

                       Mr. Robert H. Altman, Panel Chair
                       Ms. Karen A. Holloman, Member
                       Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 May 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memo, BCMR Medical Consultant, dated 7 Jul 06.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jul 06.




                                   ROBERT H. ALTMAN
                                   Panel Chair