RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                    DOCKET NUMBER: BC-2006-01771
                                     INDEX CODE: 110.02
                                     COUNSEL:  NONE
                                     HEARING DESIRED: NO

      MANDATORY CASE COMPLETION DATE: 13 DECEMBER 2007

________________________________________________________________

APPLICANT REQUESTS THAT:

His military records be corrected to  reflect  he  was  awarded  a  military
disability retirement.

________________________________________________________________

APPLICANT CONTENDS THAT:

During his activation from September 2001 through August 2003,  he  incurred
his medical disqualifying condition of depression and sleep  apnea.   He  is
seeking reversal of his physical disqualification and plans to  pursue  this
cause to the fullest extent or until he is provided written  proof  that  he
is not eligible for a disability retirement.

In support of his request, he provides a personal statement, copies  of  his
administrative discharge due to physical disqualification,  and  an  excerpt
of his Veterans Administration rating, and other associated documents.   The
applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Effective 1 June 2006, the applicant was assigned  to  the  Retired  Reserve
Section awaiting Retired pay at age 60 (18 October  2017).   His  assignment
to the Retired Reserve Section was in the grade of technical  sergeant  with
a date of rank of 1 January 1989.  He was credited with 27 years, 11  months
and 13 days of satisfactory federal service.

The  remaining  relevant  medical  facts  pertaining  to  this  application,
extracted from the applicant's medical records, are contained in the  letter
prepared by the BCMR Medical Consultant at Exhibit C.

________________________________________________________________



AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The BCMR Medical  Consultant
indicates that the applicant’s diagnosis of depression  and  entitlement  to
disability compensation must be viewed relative to  his  duty  status.   The
condition must be incurred during or aggravated by service and must  not  be
pre-existing; the applicant’s condition (depression) fails  on  all  counts.
For his period of active duty 2001 to 2003, there  is  ample  evidence  that
his depression was pre-existing to his mobilization (active  duty  for  more
than 30 days); not only did he present with  symptoms  within  180  days  of
entry, but on his first encounter with a military physician it was  recorded
that the applicant had started Paxil (an antidepressant) at  least  a  month
before mobilization,  and  the  gastroenterologist’s  March  2003  narrative
describes difficulties dating to October 2000, a year  before  mobilization.
Furthermore, advises the  BCMR  Medical  Consultant,  there  is  nothing  to
support  the  argument  that  the  applicant’s  depression  was  permanently
aggravated  by  military  duty;  indeed,  he   improved   while   mobilized,
discontinuing his antidepressant prior  to  and  apparently  for  some  time
following   demobilization.    In   multiple    pre-demobilization    health
assessments, the applicant denied depression.

The BCMR Medical  Consultant  advises  that  the  applicant’s  condition  of
Obstructive Sleep Apnea (OSA) was effectively treated  with  the  Continuous
Positive  Airway  Pressure  (CPAP)  use.   This  condition  was  not   found
unfitting for military duty by the MEB, and  therefore  not  compensable  or
ratable.  The BCMR Medical Consultant is of the opinion that the action  and
disposition in this case are  proper  and  equitable  reflecting  compliance
with Air Force  directives  that  implement  the  law.    The  BCMR  Medical
Consultant evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant disputes the BCMR Medical Consultant’s review of his case  and
states that he does not see how his medical conditions could  be  considered
pre-existing.  Prior to his mobilization his personal stress  level  was  at
an  all  time  low.   His  depression  became  dangerously  low  during  his
deployment and it has taken him many years to overcome the effects from  his
deployment.  The  applicant’s  complete  letter,  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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After careful review  of  the  applicant’s
submission, we found no evidence to indicate  his  medical  disqualification
for  continued  military  duty  was  inappropriate  or  unjust.    Applicant
contends his depression and sleep apnea are linked to his service  while  in
the Air Force Reserve.  However, we do not find this  argument  sufficiently
persuasive  to  override  the  rationale  expressed  by  the  BCMR   Medical
Consultant.  We believe it is interesting to note  that  the  Department  of
Veterans Affairs (DVA) denied him service connected disability benefits  for
depression in 2005 because there was no evidence showing onset or  treatment
while in service, which in our estimation, provides additional  support  for
the Air Force assessment of his condition.  With regard to his  sleep  apnea
condition, the applicant points to the service-connection determination  and
the disability assessment and rating he received  from  the  DVA.   We  note
that, by law, the DVA is a separate Federal agency with a different  mission
governed by different standards and its decisions are not  binding  on  this
Board.  We believe the determination by the DVA is insufficient to  overcome
the  original  finding  by  the  Air  Force.   The  DVA  finding  that   the
applicant’s condition was incurred  during  or  aggravated  by  his  service
appears to be contravened  by  the  available  medical  evidence  and  sound
medical principles, as noted by the Board’s Medical Consultant.  In view  of
the above and in the absence of evidence to the contrary, 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.   Therefore,  we  find  no  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 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-2006-01771
in Executive Session on 21 June 2007, under the provisions of AFI 36-2603:

            Mr. Michael K. Gallogly, Panel Chair
            Mr. Elwood C. Lewis III, Member
            Ms. Sharon B. Seymour, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
01771 was considered:

    Exhibit A.  DD Form 149, dated 31 May 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated
                17 May 07.
    Exhibit D.  Letter, SAF/MRBR, dated 21 May 07.
    Exhibit E.  Letter, Applicant, dated 30 May 07.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair