RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02261
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her narrative reason for separation of “Disability Existed Prior to  Service
- PEB” be changed to show that her medical condition was  service-connected.


_________________________________________________________________

APPLICANT CONTENDS THAT:

The medical board determined that her disability resulted from her  military
service; however, this was not reflected on her discharge paperwork.

In support of her request, the applicant submits copies of her AF Form  618,
Medical Board Report  and  her  DD  Form  214,  Certificate  of  Release  or
Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in  the  Regular  Air  Force  on  6  Jun  01.   After
completion  of  Basic  Military  Training  and  Technical  School,  she  was
assigned duties as a Mental Health Apprentice.

Her Military Entry Processing  Station  (MEPS)  Report  of  Medical  History
dated 29 Aug 00 reflects “No;” indicating an absence of a  previous  history
of depression or excessive worry.  On 23 Jan 02, the applicant was  referred
by her supervisor to Life Skills for depressed mood  due  to  financial  and
weight problems.  She also reported being molested from age 10 to 13  by  an
older boy and girl.  She was also reportedly raped at age 16.

On 11 Feb 02, she was diagnosed  with  “Major  Depressive  Disorder,  single
episode, moderate, superimposed on Dysthymia.”  On 31 Dec  02,  a  follow-up
report was provided from a civilian mental health group for the  purpose  of
Medical Evaluation Board (MEB) processing.  On 20 Jan 03, she was  diagnosed
with “Major  Depression,  single  episode,  chronic,  but  now  severe  with
psychotic features, rule-out Bipolar Disorder,  rapid-cycling  mixed.”   She
was instructed to hand-carry a summary of  her  case  to  her  primary  care
manager for the purpose of initiating a MEB.

A MEB narrative summary dated 1 Apr 03, acknowledges her  initial  treatment
for depression.  The applicant reported her  depression  “may  have  started
following entry into the Air Force and was exacerbated by being set back  in
Basic Training.”   She  reported  a  downturn  in  her  condition  when  her
boyfriend received a Permanent Change of Stations  (PCS)  in  Oct  02.   Her
mood worsened significantly as did her insomnia.   She  also  reported  that
she had been raped in the previous month and refused to name the  assailant.
 She became pregnant as a result, delivered at term and gave the  infant  up
for adoption.  She was diagnosed  with  Major  Depressive  Disorder,  single
episode,  in  partial  remission.   Her  level  of  impairment  for  further
military duty was determined “Moderate”  and  her  impairment  for  civilian
social and industrial adaptability was determined  “Mild.”   The  evaluating
psychiatrist opined her medical condition was in the line of duty  and  that
it did not exist prior to service.

On 18 Apr 03, the  Informal  Physical  Evaluation  Board  (IPEB)  found  the
applicant unfit for further service  and  recommended  her  discharge  under
other than Chapter 61, Title 10 United States Code (USC) at  the  rating  of
10 percent, but without compensation (as depicted by “N/A”) for a  condition
determined to have existed prior to service (EPTS).

On 22  Apr  03,  the  applicant  concurred  with  the  IPEB  decision.   The
Department of  Veterans  Affairs  (DVA)  assigned  a  30 percent  disability
rating for Major Depressive Disorder, effective 10 Jun 03, issued  one  year
after the applicant’s date of separation.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate office of the Air Force at Exhibits C and E.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSD recommends denial. DPSD states the  preponderance  of  evidence
reflects that no error or injustice occurred during the  disability  process
or at the time of separation.

The complete DPSD evaluation is at Exhibit C.

The BCMR Medical Consultant recommends  granting  the  applicant  relief  by
changing the record to reflect  that  she  was  found  unfit  due  to  Major
Depressive Disorder, that the condition was service incurred or  aggravated,
and that it resulted in her discharge with severance pay with a  compensable
disability rating of 10 percent.

The Medical Consultant opines there  is  sufficient  evidence  of  stressors
beginning after  the  applicant’s  entry  into  military  service  to  raise
reasonable doubt in favor of the applicant for a mental condition that  was,
as a minimum, aggravated through military service.  The  Medical  Consultant
notes even when considering that the applicant entered medical service  with
a predisposition for developing a depressive disorder,  he  finds  the  EPTS
factor is unascertainable.

The Medical Consultant recommends removing  the  “N/A”  and  reaccomplishing
the AF Form 356, Findings  and  Recommended  Disposition  of  USAF  Physical
Evaluation Board, to  reflect  that  the  Major  Depressive  Disorder  is  a
category  1  compensable  and  ratable  medical  condition.   Based  upon  a
preponderance of medical evidence, the applicant’s  clinical  assessment  at
discharge fit the picture of a 10 percent disability rating.   Her  Veterans
Affairs  Schedule  Rating  Disability  Code  (VASRD)  should  remain   9434,
depicting depressive disorder.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to  the  applicant  on  5
Feb 10 and 28 May 10, for review and comment within 30  days.   As  of  this
date, this office has received no response (Exhibit D).

_________________________________________________________________

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 an error or injustice.  Based on  the  evidence  presented,  we
agree with the Medical Consultant’s opinion that the IPEB  finding  of  EPTS
for the  applicant’s  mental  condition  is  unascertainable  and  therefore
should be determined as  service  incurred.   Therefore,  we  recommend  the
applicant's records be corrected to the extent indicated 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 23 Apr 03, 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, Veterans Administration Schedule  for  Rating
Disabilities (VASRD) Code 9434, rated at 10  percent,  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.  She was discharged from active  duty  on  9  Jun  03,  with  a  10
percent compensable disability rating, in the grade of Airman First Class.

_______________________________________________________________

The following members of the Board considered this application in  Executive
Session on 8 Sep 10, under the provisions of AFI 36-2603:

      , Vice Chair
      , Member
      , Member

All members voted to correct  the  record  as  recommended.   The  following
documentary evidence was considered in AFBCMR BC-2009-02261:

    Exhibit A.  DD Form 149, dated 2 Nov 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSD, dated 11 Dec 09.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Feb 10.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 25 May 10.




                                   Vice Chair