RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02843
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he suffers from clinical depression, and, that the cause of the depression comes from the ringing in his ears and migraine headaches.  
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APPLICANT CONTENDS THAT:

He was forced to retire because he took Zoloft.  His doctor prescribed this drug so he could deal with the ringing in his ears and the migraine headaches.  He has tinnitus which is caused by excessive noise.  The tinnitus started in basic training and returned while in Southeast Asia where he worked on MRC-98 Microwave vans for the Army and also while working on C-130 aircrafts for the Air Force.  His doctor did not realize that by not identifying the causes of his depression, his retirement and disability would be affected.   

While working on the flight line as an Air Reserve Technician repairing an antenna, the crew chief started the gas turbine compressor.  He was wearing his headset; however, it was not enough protection and the ringing in his ears came back much louder.  He went to the clinic and they told him that the ringing would go away but it did not.  He later worked as an Aircraft Instrument Technician on the C7 Caribou aircraft and later changed to the C-130E aircraft.  Shortly thereafter, the ringing began to increase and he started having problems seeing with lost feelings in his hands and feet and a severe headache.  His hearing test results over a period of time were getting worse and it was hard for him to cope.  His doctor prescribed him Zoloft which stopped the headaches and helped him deal with the ringing in his ears.  He was medically discharged but did not receive any disability.  His doctor only stated that he was clinically depressed and did not state the reason for his depression.  The cause of his problem came from his service with the military.  

In support of his request, he submits a personal statement, and associated medical documents. The applicant’s complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

Effective 8 August 1998, applicant was assigned to the Retired Reserve Section awaiting Retired pay at age 60 (29 March 2008).  His assignment to the Retired Reserve Section was in the grade of technical sergeant with a date of rank of 1 April 1991.  He was credited with 21 years, 1 month and 5 days of satisfactory federal service.  

A number of attempts were made to obtain applicant’s medical records from the Veteran’s Administration; however, to no avail.  

The following information is extracted from an incomplete copy of the medical records provided by the applicant.  On 28 January 1998, the applicant elected to have his medical case referred to the Informal Physical Evaluation Board (IPEB) for a fitness determination.  On 9 April 1998, the IPEB found him medically disqualified for continued military duty by reason of depression.

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AIR FORCE EVALUATION:

AFRC/SGP states that at the time the applicant was medically disqualified for worldwide duty, the medical case file submitted for review did not contain any medical information which indicated a link between his depression and the ringing in his ears.  The AFRC/SGP evaluation is at Exhibit C.

AFRC/SG states that there is insufficient documentation to support the conclusion that the applicant's medical condition was caused or aggravated by Reserve military service.  However, since the member claims that his condition was caused by service during his tenure as an active duty Army member during Vietnam, AFRC/SG recommends that he file a claim with the Veterans Administration (VA) to determine his VA entitlements.   The AFRC/SG evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 July 2003, copies of the Air Force evaluations were forwarded to the applicant for review and comment.  As of this date, this office has received no response (Exhibit F).

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.
3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s assertions or the documentation presented sufficiently persuasive to warrant a change in his records.  We do not dispute the circumstances of his medical condition; however, the applicant’s medical case was properly evaluated under the appropriate Air Force regulations.  It is our opinion that the assessment of the applicant’s medical condition was based on accepted medical principles and we have no basis to conclude that the applicant's treatment while in the Air Force Reserve was based on anything other than accepted medical principles or that the administrative termination of his service was, from a medical standpoint, improper.  In view of the above and our finding that there is no evidence in the available record which establishes that the applicant's separation from the Air Force Reserve is erroneous or unjust, we have no basis to favorably consider the applicant's request.  

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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.

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The following members of the Board considered this application in Executive Session on 30 January 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Sep 02 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/SGP, dated 15 Nov 02.
    Exhibit D.  Letter, AFRC/SG, dated 24 Jun 03.
	Exhibit E.  Letter, SAF/MRBR, dated 18 Jul 03.