RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-03027
            INDEX CODE:  110.00, 136.00

      XXXXXXX    COUNSEL:  AMERICAN LEGION

            HEARING DESIRED: NOT INDICATED

___________________________________________________________________

APPLICANT REQUESTS THAT:

She be medically retired from the Air Force.

___________________________________________________________________

APPLICANT CONTENDS THAT:

While being treated for  an  anxiety  disorder  at  a  facility  in
Okinawa, Japan,  she  was  brutally  raped.   This  resulted  in  a
downward spiral in her condition and  in  her  desire  to  separate
early from the military.  Prior to the incident, she  served  as  a
Chinese flight linguist and was recognized as a  former  airman  of
the quarter and Airmen  Leadership  School  Levitow  award  winner.
However, her psychological state  at  the  time  of  her  discharge
clearly showed that she was unable to  stay  in  the  military  and
perform any job then or in the future.

Since her discharge, she has received  treatment  from  a  civilian
residential  treatment  facility  and  support   from   the   local
Department of Veterans Affairs (DVA) office.

In support of her appeal, the applicant submits a copy of  her  DVA
submission for disability compensation; copies of  letters  to  her
member of congress, and senior  members  of  the  Joint  Chiefs  of
Staff; documents  from  her  VA  Service  Center,  and  a  civilian
residential treatment facility.

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

___________________________________________________________________

STATEMENT OF FACTS:

Based on the available  records,  the  applicant  enlisted  in  the
Regular Air Force on 3 Jan 02 for a period of six years.   She  was
progressively promoted to the rank of staff sergeant.   She  served
as an Airborne Cryptologic Linguist with a Duty Title  of  Airborne
Cryptologic Operator.

A resume of applicant’s enlisted performance report  (EPR)  profile
follows:

            PERIOD CLOSING              OVERALL EVALUATION

                 18 Jul 03                                    5
                 15 Nov 05                                    5
                 15 Nov 06                                    4
                 31 Oct 07                                    5

On 27 Feb 07, she was medically disqualified  from  further  flying
duties.  The applicant was experiencing blockage in her  Eustachian
tube and an inability to clear both ears grounded her  from  flight
duties.

On 31 Oct 07, the applicant  was  honorably  discharged  under  the
provisions  of  AFI  36-3208,  with  a  reason  for  separation  of
Miscellaneous/General Reasons, and a reentry code of 1J.   She  was
credited with 5 years,  9  months,  and  29  days  of  active  duty
service.

The remaining relevant facts pertaining  to  this  application  are
contained  in  the  evaluation  prepared  by   the   BCMR   Medical
Consultant, which is attached at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant  recommends  the  applicant’s  name  be
placed on the Temporary Disability  Retired  List  (TDRL),  with  a
50 percent disability rating, for anxiety disorder, under  Veterans
Administrative Schedule for Rating Disabilities (VASRB) code 9413.

The Medical Consultant notes that in preparation for her discharge,
a medical examination was mandated, in accordance with  AFI  48-123
“when certain conditions exist.”  The applicant signed  an  undated
document indicating her desire  not  to  undergo  an  environmental
medical examination in conjunction with her  scheduled  separation.
The document also indicates an understanding that if she  does  not
elect to undergo a medical examination, the decision may be  waived
only by approval of the Medical Standards  Division,  Headquarters,
Air  Force  Personnel  Center  (AFPC/DPAM)  upon  presentation   of
substantial medical information to warrant changing  separation  or
retirement processing.  The record reflects the applicant completed
a Report of Medical Assessment, where she  acknowledged  attendance
at physical therapy, Life Skills, and the OB/GYN clinic  since  her
last Periodic Health Assessment  (PHA).   She  also  indicated  her
intent to seek a DVA disability, for  her  foot  and  back,  mental
health, and osteoporosis, if that becomes  an  issue.   No  further
recommended  referrals  were  made  by  the   military   healthcare
provider.

The applicant requests a medical retirement; however, in  order  to
receive a medical basis for separation/retirement,  there  must  be
evidence of an illness or injury that has interfered with a service
member’s ability to perform the duties of his or her office, grade,
rank, or rating, by virtue of the imposition of long-standing  duty
restrictions (usually 12  months  or  more),  prohibitions  against
deployment or PCS assignment, or for certain conditions that impose
an unreasonable health and  safety  risk  to  the  individual,  the
mission, and  those  in  the  immediate  environment,  among  other
factors.  Under such circumstances a Medical Evaluation Board (MEB)
would be conducted and the case referred to a  Physical  Evaluation
Board (PEB) for a determination of the service member’s fitness  to
serve.  If the member is found fit for duty, then, he or she  would
be returned to duty.  If found unfit, a determination would then be
made whether the condition is compensable (that is, whether or  not
it was in the line of  duty  and  unrelated  to  misconduct  or  an
unauthorized absence from duty).   In  addressing  the  applicant’s
fitness  for  duty,  none  of  her  efficiency  reports  reflect  a
deficiency in duty performance.  Similarly, the applicant’s  annual
Physical Profile Serial Reports (AF Form 422) covering  the  period
beginning on 10 Dec 04 and updated on 26 Jun 07, do  not  reveal  a
physical or mental impediment, or restrictions to duty, that  would
warrant a referral to an MEB.  The real tragedy in the  case  stems
from the applicant’s alleged sexual assault at a point  approaching
the end of her career and her decision  to  electively  foreshorten
her career further,  by  several  weeks,  without  the  benefit  of
continued care and completion of an investigation  of  the  alleged
sexual assault.  The question  is  whether,  at  the  time  of  her
separation  physical  assessment,  conducted  on  27  Sep  07,  the
applicant’s flight surgeon should have pursued further  questioning
regarding the applicant’s sexual assault and mental  wellness,  or,
as a minimum, documenting that this effort was made and declined in
the medical file.  The BCMR  Medical  Consultant  opines  there  is
shared  culpability  between  the  applicant  and  her   healthcare
provider in electing  not  to  pursue  further  intervention.   The
applicant has since been released from military service and she has
been given the opportunity to attend therapy sessions at a civilian
medical installation,  with  the  aid  of  her  parents,  with  the
recommended approval by two DVA mental health specialists; both who
acknowledged the undesirable gender mix of patients and  therapists
at the DVA facility, which was believed to be a possible impediment
to her recovery, or a concept to that effect.

In  conclusion,  the  BCMR  Medical   Consultant   recommends   the
applicant’s temporary  retirement  with  a  50  percent  disability
rating, followed by a re-evaluation of her status  in  six  months.
This remedy, currently established  under  DVA  policies  governing
rating suspected mental condition, such  as  Post-Traumatic  Stress
Disorder (PTSD), assures our former service member  gets  the  care
she needs/deserves,  while  recognizing  that  a  more  appropriate
action would have been to delay her separation in order to pursue a
proper  and  complete  mental   health   assessment.    Since   the
applicant’s preponderant  diagnosis,  beginning  in  Oct  2006  and
continued up to the time of discharge was an Anxiety Disorder,  the
Medical Consultant recommends  establishing  this  as  her  primary
diagnosis for the purpose  of  her  initial  TDRL  placement.   The
Medical Consultant recommends the applicant be reevaluated  in  six
months by a psychiatrist and the evaluation should conclude with  a
five (5) Axis diagnosis and the applicant’s level of impairment  in
civilian social and  industrial  adaptability;  as  these  will  be
important in establishing the subsequent disposition of  her  case,
e.g., retention of the TDRL,  separation  with  severance  pay,  or
permanent retirement.

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

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response  to  the  BCMR  Medical  Consultant’s  evaluation,  the
applicant feels the recommendation for TDRL, with re-evaluation  in
six months, is a fair compromise; however, she believes she  should
receive a full permanent retirement.

She has been out for 15 months, during which she has only been able
to work part-time due to her  emotional  and  mental  issues.   She
continues to have panic attacks and a general fear of men.  She  is
working through these issues and is thankful for  the  support  she
has received through her involvement in a DVA sponsored program for
military victims of sexual assault.


Her mom and step-dad are currently her only support system.  She is
uncertain as to whether she will ever  be  able  to  lead  a  fully
functional life again.  She believes her mental state at  the  time
of discharge was disintegrating rapidly and it  was  important  for
her to get back home to her support system.  It has been a long and
difficult road back and each day brings her a little  closer  to  a
normal life.  However, she knows it’s going to  take  a  very  long
time for her to recover.

The applicant’s complete response 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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice warranting  corrective  action.
The evidence of record indicates that  during  the  course  of  her
military service, the applicant was evaluated  and  treated  for  a
number of medical conditions, to include an anxiety order.  She now
asserts that she was also the victim of a  brutal  sexual  assault.
Subsequently, her  psychological  state  affected  her  ability  to
perform her duties, resulting in  her  discharge  for  miscellenous
reasons.  The Medical  Consultant  notes  the  governing  directive
mandates a medical  examination  when  certain  medical  conditions
exist.  Based on the available evidence,  the  applicant  signed  a
statement  indicating  her  desire  not  to   undergo   a   medical
examination in conjunction with her scheduled separation.  However,
she completed a Report of Medical Assessment, which was signed by a
credentialed aerospace medicine physician.  Although it appears she
was treated for various ailments, her ability to  function  in  the
military environment was  never  brought  up  as  an  issue  for  a
possible medical basis  for  her  discharge.   She  now  desires  a
medical retirement from the Air Force based on  her  allegation  of
sexual assault  and  deteriorating  psychological  state.   In  the
Medical Consultant’s view, the applicant’s  flight  surgeon  should
have pursued further questioning regarding her sexual  assault  and
mental wellness or, as a minimum, documenting in the  medical  file
this effort was made and  declined.   He  also  believes  there  is
shared  culpability  between  the  applicant  and  her  health-care
provider  in  electing  not   to   pursue   further   intervention.
Nevertheless, he recommends the applicant’s  temporary  retirement,
which he believes assures she gets  the  treatment  she  needs  and
desires.  He also recommends she  be  reevaluated  in  six  months.
After a thorough review of the  facts  and  circumstances  of  this
case, we agree with the recommendation of the  Medical  Consultant,
which  we  believe  is  the  appropriate  relief  in   this   case.
Accordingly, we recommend the applicant’s records be  corrected  to
the extent set forth below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

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

            a.  On 30 October 2007, 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; the diagnosis in her case was  anxiety  disorder,  VASRD
Code 9413, rated at 50  percent;  the  compensable  percentage  was
50 percent;  the  degree  of  impairment  may  be  permanent;   the
disability  was  not  due  to  intentional  misconduct  or  willful
neglect; 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.  She was not honorably discharged from  active  duty
on 31 October 2007, but, on that date, her name was placed  on  the
Temporary Disability Retired List (TDRL).

             c.  She  be   immediately   scheduled   for   a   TDRL
reevaluation.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2008-03027 in  Executive  Session  on  6  May  2009,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Yvonne T. Jackson, Member
      Mr. Robert S. Jack II, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 25 Jul 08, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant,
                 dated 20 Feb 09.
     Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 09.
     Exhibit E.  Letter, Applicant, dated 3 Mar 09.




                                   THOMAS S. MARKIEWICZ
                                   Chair


AFBCMR BC-2008-03027




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 30 October 2007, 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; the
diagnosis in her case was anxiety disorder, VASRD Code 9413, rated at
50 percent; the compensable percentage was 50 percent; the degree of
impairment may be permanent; the disability was not due to intentional
misconduct or willful neglect; 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.  She was not honorably discharged from active duty on
31 October 2007, but, on that date, her name was placed on the
Temporary Disability Retired List (TDRL).

            c.  She be immediately scheduled for a TDRL reevaluation.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency