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AF | BCMR | CY2006 | BC-2005-02370
Original file (BC-2005-02370.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2005-02370

            COUNSEL: NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE: 31 November 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be changed to show promotion to staff  sergeant  and  a  medical
retirement.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Had it not been for the supervisor’s sexual harassment and  her  refusal  of
his sexual advances, she would have been promoted to E-5 as evidence of  her
awards and ratings before and after this supervisor.  Promotion  would  have
removed  this  man  as  her  supervisor,  but  his  actions  prevented   it.
Furthermore, had she been told of her  diagnosis  for  depression  and  made
aware that the symptoms she was suffering from were from MS, she would  have
received a medical retirement and compensation from the Air Force.

In support of her application, applicant submits  a  personal  statement,  a
copy  of  her  DD  Form  214,  training  certificates,  copies  of  Enlisted
Performance Reports (EPR) and some medical documents.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on June  12,  1990  and  was
progressively promoted to the grade  of  senior  airman.  On  June  3,  1996
applicant was discharged under provisions of  voluntary  release  (early-out
option during force draw down), with an honorable discharge.  She  served  5
years, 11 months and 22 days of total active military service.

The applicant was deployed to  Saudi  Arabia  in  1992.  Shortly  after  her
return to her home base, Homestead AFB, FL, she was displaced  by  hurricane
Andrew. She  was  reassigned  to  Lackland  AFB,  TX  where  she  reportedly
experienced problems with her unit.

In October 1992 she took an  overdose  of  Sominex  pills  (11-16)  and  was
hospitalized on the psychiatric unit. Evaluation identified several  chronic
and acute stressors  that  precipitated  her  depressed  mood  and  suicidal
gesture including a history of physical abuse as a child, rape by  a  friend
in 1991, recent break-up with boyfriends, recent  displacement  due  to  the
hurricane with loss of possessions, problems at work (allegations of  sexual
harassment), and dissatisfaction with her career field and  requirement  for
performing details. Medical documents indicate she  had  experience  chronic
symptoms of depressed mood and  suicidal  thoughts  since  age  12  and  had
received extensive counseling on a recurring basis  since  age  17  thru  23
(not reported on  enlistment  medical  screening).  She  received  follow-up
counseling throughout 1993. A March 1994 mental health entry in the  medical
records indicates she was seen for termination of therapy with diagnosis  of
“incomplete bereavement resolving”. At a May 1994 periodic examination,  the
applicant  denied  current  problems  of  trouble  sleeping,  depression  or
excessive worry or nervous  trouble  of  any  sort.  The  remainder  of  the
service medical records reflects routine gynecologic  and  eye  exams,  care
for rash, biopsy of a mole, and an episode of gastroenteritis. At  the  time
of discharge her mood was normal.

____________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the  records
is warranted. The applicant  was  diagnosed  with  Adjustment  Disorder  and
strong histrionic and borderline personality  traits,  unsuiting  conditions
that may form the basis  for  an  administrative  discharge  by  a  member’s
commander. Unsuiting conditions such as adjustment disorder  or  personality
traits are not ratable or  compensable  under  the  rules  of  the  military
disability system. There would be no advantage to the applicant to show  she
was administratively separated in October  1992  under  the  provisions  for
unsuitability. Evidence of the record indicates continued satisfactory  duty
performance, and a disability discharge for depression would have  warranted
no greater than a 10 percent rating, resulting in disability severance  pay,
also of no benefit to the applicant (disability pay offset). Her  borderline
elevated blood pressure was not an unfitting condition and did  not  warrant
referral for evaluation in the Air Force disability  evaluation  system.  In
2003, DVA reviewers concluded there was no evidence  of  multiple  sclerosis
while in service, but granted service connection  for  the  condition  under
provisions of presumptive service connection for Gulf War  veterans  with  a
compensable rating of 30 percent effective 2001. There was  no  evidence  of
multiple sclerosis while in service and  no  manifestation  of  any  symptom
that might have been considered unfitting even  in  retrospect.  Action  and
disposition in this case are proper and reflect compliance  with  Air  Force
directives which implement the law.

BCMR Medical Consultant's complete evaluation is at Exhibit C.

_________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant’s  spouse  writes  that  his  wife’s  medical   records   are
reconstructed from what could be found of the  Homestead  AFB  and  Lackland
AFB records. Hurricane Andrew destroyed her  base’s  medical  and  personnel
facilities, and most of her  medical  records  were  scattered,  damaged  or
lost. Collectively, her medical conditions –constant diarrhea, rashes,  high
blood pressure,  numbness  and  tingling  in  both  hands,  excessive  viral
infections, changes in weight, depression, personality  changes  and  mental
health issues, are all early signs  of  Multiple  Sclerosis.  The  VA  noted
these symptoms from her medical records they collected  and  determined  the
onset started in 1992.

Medical and financial issues aside, the  heart  of  his  wife’s  request  is
about correcting an injustice. She had a gung ho attitude about her  job  in
the Air  Force,  and  always  expresses  a  positive  attitude  despite  the
negative  issues  surrounding  her.  Despite  immense  pressure  from  being
severely sexually harassed, she kept her head held high,  and  continued  to
achieve and apply herself. If you decide that a retirement is not  warranted
or possible, I would hope that you would consider giving her that symbol  in
some way, through promotion or by some other means you  see  fit.  It  would
restore to her that  faith  that  was  lost  so  long  ago  and  return  the
rightness to her life that would help her move  on  with  the  rest  of  her
life.

Applicant’s complete response, 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 an  error  or  injustice  warranting  a  medical  discharge  or
promotion to  staff  sergeant.   Applicant’s  contentions  are  duly  noted;
however, we agree with the opinions 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.   The  applicant
was diagnosed with Adjustment Disorder and strong histrionic and  borderline
personality traits which are unsuiting  conditions  for  continued  military
service.  Furthermore, there was no evidence of multiple sclerosis while  in
service and no manifestation of any symptom that might have been  considered
unfitting. With respect to her promotion to staff sergeant, the Board  found
no  evidence  to  substantiate  her  claims  of  sexual  harassment  by  her
supervisor or  that  her  commander  ever  recommended  her  for  promotion.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of a 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-BC-2005-
02370 in Executive Session on 25 October 2006, under the provisions  of  AFI
36-2603:

                 Ms. Kathleen F. Graham, Chair
                 Mr. Gregory A. Parker, Member
                 Mr. Gary G. Sauner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Jul 2005, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 30 Aug 06.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Sep 06.
    Exhibit E.  Letter, Applicant’s Response, dated 20 Sep 06.





                                             KATHLEEN F. GRAHAM
                                             Panel Chair

                       AIR FORCE BOARD FOR CORRECTION
                             OF MILITARY RECORDS

                   CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF:      DOCKET NO:

      BC-2005-02370


ROUTE IN TURN    INITIALS  DATE


1.  CHIEF EXAMINER     ________  ________
    (Coord/Signature)


2.  EXECUTIVE DIRECTOR ________  ________
    (Coordination)

3.  Mr. Kathleen F. Graham
    CHAIR
    (Signature on Proceedings)    ________  ________

4.  AFBCMR (Processing)





                                 Ralph Prete
                                 Chief Examiner
                                 Air Force Board for Correction
                                 of Military Records


AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD  20762-7002


      Reference your application submitted under the provisions of AFI 36-
2603 (Section 1552, 10 USC), AFBCMR BC-2005-02370

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did not
demonstrate the existence of material error or injustice.  Accordingly,
the Board denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence,
a further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR





                                   RALPH J. PRETE
                                   Chief Examiner
                                   Air Force Board for Correction
                                   of Military Records

Attachment:
Record of Board Proceedings

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