RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-04050
            INDEX CODE: 110.02
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative reason for separation on her  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty be changed from “Disability,  Existed
Prior to Service, PEB” to "disability caused by service."

________________________________________________________________

APPLICANT CONTENDS THAT:

The military  caused  her  disability.   It  affected  her  personal  life,
confidence, sense of self and she had to seek mental health treatment.  She
was devastated by the treatment received at work.  Her physician stated  it
was in her best  interest  to  separate  from  the  military,  because  her
deployment had pushed her past an operable level.  She requested a  medical
separation; however, the Medical Evaluation Board (MEB) stated her  medical
conditions were “pre-existing".  She appealed to  the  Physical  Evaluation
Board (PEB); they too stated “preexisting.”  Her disability  has  persisted
and she continues to be tormented by the Air Force's stance on this issue.

In support of her request, she provides a personal letter, a  copy  of  her
marriage license/certificate, driver's license, DD Form 214, Department  of
Veteran Affairs (DVA) Rating  decision,  character  reference  letters  and
various documents extracted from her medical records.

Her complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 21 July 1999.

On 22 October 2003, an Informal Physical Evaluation Board  (IPEB)  reviewed
her case and recommended discharge under other than Chapter 61, 10  U.S.C.,
Existed  Prior  to  Service  (EPTS).   The  IPEB  noted  she  had   chronic
depression/anxiety since the age of 13.  She disagreed  with  the  findings
and appeared before  the  Formal  Physical  Evaluation  Board  (FPEB)  with
counsel.

On 19 December  2003,  the  FPEB  examined  the  evidence  and  recommended
discharge under other than Chapter 61.

On 8 March 2004, she was honorably discharged in the grade of senior airman
(E-4) for a major depressive disorder associated  with  anxiety  disorders,
Existed  Prior  to  Service  (EPTS),  without  service  aggravation.    Her
narrative reason for separation  reflects  "Disability,  Existed  Prior  to
Service, PEB."  She served 4 years, 7 months and 18 days on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSD recommends denial.  DPSD states the FPEB  made  the  following
remarks: “When asked about having depression and suicidal ideation prior to
entering service, she testified she was down because of situational issues.
 She has a documented history of depressive symptoms and suicidal  ideation
before entering active duty.  A 20% deduction was given for her personality
disorder."  On 22 December 2003, she disagreed with  the  findings  of  the
FPEB and elected not to submit a rebuttal.  The preponderance  of  evidence
reflects  that  no  error  or  injustice  occurred  during  the  disability
processing or at the time of her separation.

The complete DPSD evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9  May
2008 for review and comment within 30 days.  As of this date,  this  office
has received no response (Exhibit D).

________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends approval.   The  Medical  Consultant
states the record reflects that the applicant  has  experienced  depression
and anxiety since the  age  of  13.   Although  she  reportedly  was  never
diagnosed or specifically treated for a mental condition prior to  entering
military service, sound medical principals would suggest that  the  set  of
symptoms experienced  by  her  in  response  to  external  stressors  after
entering military service and the mental health history she described prior
to military service, are likely manifestations of the same  underlying,  or
baseline, mental and character structure.   Had  her  long-standing  mental
health history been disclosed  at  the  time  of  her  pre-service  medical
assessment, it is likely she would  not  have  been  accepted  into  active
military service; or at best would have required a waiver  for  entry  into
military service.   Nonetheless,  the  Medical  Consultant  considered  the
merits of establishing  service  connection  for  her  medical  conditions,
noting  her  “5”  enlisted  performance  report   ratings   predating   the
exacerbation of her occupational and marital issues in February 2002.  This
finding, thus gives initial pause of the possibility that some  element  of
service aggravation may  have  indeed  occurred.   The  Medical  Consultant
acknowledges that a depressed mood or periods of anxiety may be  considered
normal occurrences during adolescent development, and that she may not have
considered these reportable at the time she  completed  her  pre-enlistment
documents.  However, the unquoted phrase  appearing  in  her  MEB  summary,
citing her symptoms since age 13 leads one to believe that her disturbances
were more of a chronic nature, bordering on  a  formal  diagnosis  had  she
sought medical treatment.  Therefore, any  conclusions  for  rendering  the
benefit of doubt in her favor should also take into  account  the  possible
permanent aggravation by military service, but also her willful failure  to
disclose her chronic symptoms of depression and anxiety prior to acceptance
into active military service.  Thus, it may be difficult to determine where
the injustice, if  any,  lies  in  this  case.   Based  upon  a  collective
preponderance of medical  evidence,  establishment  of  service  connection
through permanent service aggravation is recommended, which, if accepted by
the Board, should  result  in  discharge  with  severance  pay  and  a  10%
disability rating.

The complete Medical Consultant evaluation is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  10
June 2008 for review and comment within 30 days.  As  of  this  date,  this
office has received no response (Exhibit F).

________________________________________________________________

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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  error  or  injustice  warranting  corrective   action.    The
applicant was discharged from the Air Force due to a medical condition  that
was determined to have existed prior  to  entering  military  service.   The
determination was made during processing through the  disability  evaluation
system that there was no evidence of permanent service  aggravation  of  her
condition.  The BCMR Medical Consultant disagrees  with  that  determination
and we agree with his assessment.  In this respect, the evidence  of  record
shows that the determination that her condition was EPTS was not the  result
of a clinical  diagnosis  or  treatment  but  of  her  admission  of  having
experienced the associated symptoms during adolescence.  During the  earlier
portion of  her  career  there  appears  to  be  no  sign  of  the  symptoms
associated with her condition or that the condition  inhibited  her  ability
to serve.  Her records clearly  show  that  she  was  able  to  perform  her
assigned  duties  in  an  outstanding  manner.   However,  symptoms  of  the
condition did not appear until several years into her career and appears  to
have been exacerbated by occupational and social  issues  coincidental  with
military service.  Therefore, it is our opinion that  reasonable  doubt  has
been established as to the accuracy of the determination that her  condition
was  not  permanently  aggravated  by  military  service.   Accordingly,  we
believe any doubt should be resolved in  her  favor  and  that  her  records
should be corrected to show that she was separated  by  reason  of  physical
disability  with  severance  pay  as  recommended  by   the   BCMR   Medical
Consultant.  Therefore, we  recommend  that  her  records  be  corrected  as
indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

Pertinent military records of the Department of the Air Force  relating  to
APPLICANT, be corrected to show that:

      a.  On 19 December 2003, she was found unfit to perform the duties of
her office, rank, grade,  or  rating  by  reason  of  physical  disability,
incurred while she was entitled to receive basic pay; that the diagnosis in
her case was major depressive disorder, VASRD Code 9434, rated at 10%; that
the compensable percentage was 10%;  that  the  degree  of  impairment  was
permanent; that the disability was not due  to  intentional  misconduct  or
willful neglect; that the disability was not incurred during  a  period  of
unauthorized absence; and that the disability was not received in the  line
of  duty  as  a  direct  result  of  armed  conflict  or   caused   by   an
instrumentality of war.

      b.  On 8 March 2004,  she  was  honorably  discharged  by  reason  of
physical disability, with entitlement to disability severance pay.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
04050 in Executive Session on 25 June 2008, under the provisions of AFI  36-
2603:

                 Mr.  Joseph D. Yount, Panel Chair
                 Ms.  Barbara J. Barger, Member
                 Mr.  Reginald P. Howard, Member

The following documentary evidence pertaining to AFBCMR Docket  Number  BC-
2007-04050 was considered:

 Exhibit A.  DD Form 149, dated 30 November 2007, w/atchs.
 Exhibit B.  Applicant's Master Personnel Records.
 Exhibit C.  Letter, AFPC/DPSD, dated 11 April 2008.
 Exhibit D.  Letter, SAF/MRBR, dated 9 May 2008.
 Exhibit E.  Letter, BCMR Medical Consultant, dated 27 May 2008.
 Exhibit F.  Letter, SAF/MRBR, dated 10 June 2008.




                                   JOSEPH D. YOUNT
                                   Panel Chair





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Office Of The Assistant Secretary

AFBCMR BC-2007-04050




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXX, XXXXXXX be corrected to show that:

            a.  On 19 December 2003, she was found unfit to perform the
duties of her office, rank, grade, or rating by reason of physical
disability, incurred while she was entitled to receive basic pay; that the
diagnosis in her case was major depressive disorder, VASRD Code 9434, rated
at 10%; that the compensable percentage was 10%; that the degree of
impairment was permanent; that the disability was not due to intentional
misconduct or willful neglect; that the disability was not incurred during
a period of unauthorized absence; and that the disability was not received
in the line of duty as a direct result of armed conflict or caused by an
instrumentality of war.

            b. On 8 March 2004, she was honorably discharged by  reason  of
physical disability, with entitlement to disability severance pay.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency