RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00049
		INDEX CODE:  110.00

		COUNSEL:  DAV

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her involuntary discharge be changed to a medical discharge.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

In support of her request, the applicant submits a personal statement and a copy of her DD Form 214.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted her enlistment in the Regular Air Force on 22 Sep 99 for a period of four years.  On 9 Feb 01, she was honorable discharged in the grade of airman (E-2) under the provisions of AFI 36-3208 (unsatisfactory performance).  She had completed a total of 1 year, 4 months and 18 days of active duty service at the time of discharge.

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

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AIR FORCE EVALUATION:

The AFBCMR Medical Consultant recommends the application be denied.  The AFBCMR Medical Consultant stated that the applicant had three issues at the time of her discharge:  her unsatisfactory duty performance, an adjustment disorder and recurrent blackout spells (syncope).  The applicant’s blackout spells remained unexplained after medical evaluation.  It was suggested that they may have been related to psychologic stress and there appeared to be dramatic improvement on treatment with the sedative drug clonazepam.  Given this information, it is reasonable that her physicians felt that no further evaluation or medical evaluation board was necessary at that time in Dec 00 for her history of passing out.  No further contact with medical personnel appeared to have occurred between the neurology evaluation in Dec 00 and the time of her discharge from the Air Force in early Feb 01.  It appears that a proper evaluation was performed by her family physician.  In this case, the administrative discharge intervened in the course of the applicant’s problem with syncope, which at the time appeared to have improved and no longer represented an active medical issue.  The applicant was diagnosed with an adjustment disorder that rendered her unsuitable for further military service and could have been a reason by itself for administrative action.

In order to be eligible for enrollment for VA health care, an individual must have been discharged from active military service under honorable conditions and served a minimum of two years, if discharged after 7 Sep 80.  The applicant served 1 year, 4 months and 18 days.  Even if she had undergone a Medical Evaluation Board (MEB), it would seem that she still would not be eligible for veterans’ health benefits.  It is unlikely her syncope would have been rated higher than 10% since it did not interfere with her performance of duty, especially if it was determined to have been associated with her adjustment disorder.  The AFBCMR Medical Consultant is of the opinion that the action and disposition in this case appear to be proper and equitable, reflecting compliance with Air Force directives that implement the law.

The AFBCMR Medical Consultant’s evaluation is at Exhibit C.

HQ AFPC/DPPD recommends the application be denied.  DPPD stated that the applicant’s military records confirm she was never referred to the Air Force Disability Evaluation System.  The applicant’s Adjustment Disorder is an unsuiting rather than unfitting condition for military service and is not considered compensable or ratable under the provisions of military disability laws and policy.  After having discussed the applicant’s eligibility for medical care with the local Department of Veterans Affair (DVA), it was recommended that she apply to the DVA Regional Office in Buffalo, NY, to have her medical conditions classified as service-connected.  Once this action is approved, she should be eligible to receive medical treatment and compensation under the provisions of Title 38, USC, at any DVA facility.  DPPD’s examination of the case file revealed no errors or irregularities during her involuntary administrative discharge that would justify a change to her military records.  DPPD agrees with the Medical Consultant’s evaluation.  The applicant has not submitted any material or documentation to show that she was unfit due to a physical disability under current military disability laws and policy.

The HQ AFPC/DPPD evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 28 June 2002 for review and response.  As of this date, no response has been received by this office (Exhibit E).

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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 probable error or injustice.  After careful consideration of the evidence of record and applicant’s submission, we are not convinced that the applicant’s discharge was erroneous or contrary to the provisions of the governing Air Force instruction at the time of her separation.  Her contentions are duly noted.  However, we agree with the opinions and recommendations of the appropriate Air Force offices and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden that she has suffered either an error or an injustice.  With regard to the applicant accessing medical care, we note that she can apply to the local Department of Veterans Affair (DVA) to have her medical condition classified as service-connected.  Once approved, she may be eligible to receive medical treatment at any DVA facility.  In view of the above and absent evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 15 August 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number 02-00049.

   Exhibit A.  DD Form 149, dated 27 Sep 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated
               17 May 02.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 19 Jun 02.
   Exhibit E.  Letter, SAF/MRBR, dated 28 Jun 02.