RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03182
		INDEX CODE:  108.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be granted full active military retirement, benefits, and entitlements.

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APPLICANT CONTENDS THAT:

He was allowed to transfer from active duty Air Force to the Air National Guard (ANG) with a medical condition that was incurred while on active duty.  He states that the ANG has now requested a medical discharge for him.  Applicant believes it is unfair that after 17 plus years of service that he not be allowed to retire with benefits.

His complete application, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 14 May 1985 and was progressively promoted to the grade of Staff Sergeant (SSgt/E-5) with a date of rank of 1 June 1991.  He applied and was transferred to the ANG effective 4 May 2000 after 14 years, 11 months and 21 days of active service.  Applicant was promoted in the ANG to the grade of Technical Sergeant (TSgt/E-6) with a date of rank of 14 November 2001.  

On 10 August 2002, the applicant acknowledged receipt of Notification of Action Under AFI 36-3209 that informed him that he had been determined medically disqualified for worldwide duty and was being recommended for medical discharge.  His supervisor presented a statement regarding his inability to deploy as a direct consequence of his not being able to don his gas mask due to a documented phobia.  His supervisor noted that the applicant was considered an asset to the AGE shop but also noted that there were no non-deployable positions in AGE.

Applicant was medically discharged on 13 January 2003 and, at discharge, he was not eligible for retired pay at age 60.

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AIR FORCE EVALUATION:

The BCMR medical consultant provided an extensive evaluation of the applicant’s request and case.  He found that action and disposition were proper and equitable reflecting compliance with Air Force directives that implement the law and he is of the opinion that no change to the applicant’s records is warranted.

The BCMR Medical Consultant notes that the applicant experienced medical conditions that were not unfitting for continued service but unsuiting only.  His service medical record documents anxiety attacks that were present for many years but at intermittent intervals and only when wearing the gas mask.  Applicant was seen by mental health in January 1996 and there were no further medical record entries that indicated similar problems.  In November 1999, applicant underwent a Periodic Health Assessment (PHA) where he had the opportunity to address his anxiety and panic attacks on an AF Form 422 but failed to do so.  Consequently he was declared fit for worldwide duty.  The ANG performed a PHA in February 2001 and again, applicant neglected to document any problems with anxiety or panic attacks resulting in his successful entry into the ANG.

By contrast, in May 2000, about 3 weeks after leaving the Air Force and transferring to the ANG, he filed a claim for disability compensation through the Department of Veterans Affairs (DVA) for his panic attacks.  Eighteen months after transferring to the ANG the applicant’s phobia of donning the gas mask became known, apparently from information from his DVA disability claim, and he was disqualified from worldwide deployment via a fitness for duty determination.

Because his condition existed prior to his entry into the ANG, it is not ratable or compensable.  Because his condition did not make him unfit while on active duty and he voluntarily separated, he is not eligible for disability evaluation by the Air Force.  However, his condition has been properly determined to be service related and he is being appropriately compensated as a result of his May 2000 claim to the DVA.

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

AFPC/DPPD recommends denial.  DPPD states that based on the preponderance of the available evidence it appears that the applicant was reasonably capable of performing his military duties as an AGE mechanic up until the time of his active duty discharge.  The fact that he performed the same duties (AGE mechanic) in the ANG for two additional years supports the conclusion that his condition was unsuiting as opposed to unfitting which would have required he submit to a Physical Evaluation Board (PEB) and/or Medical Evaluation Board (MEB).  The fact that he did not document his condition on the PHA prior to his transfer to the ANG might well have cost him entry into the ANG in the first place.

DPPD’s examination of the BCMR case file found no rationale or grounds to change applicant’s records to show that he was awarded a disability retirement under the provisions of AFI 36-3212 and Title 10, United States Code (USC).  DPPD wholeheartedly agrees with the BCMR Medical Consultant’s findings and recommendation.  The DPPD evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14 February 2003 for review and comment within 30 days.  As of this date, there has been no response received by this office.

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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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility, in particular, the BCMR Medical Consultant and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Inasmuch as the applicant's condition was found to be unsuiting as opposed to unfitting, he was not eligible for disability evaluation by the Air Force.  Therefore, in the absence of 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 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 AFBCMR Docket Number BC-2002-03182 in Executive Session on 20 May 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Sep 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 16 Dec 02.
    Exhibit D.  Letter, AFPC/DPPD, dated 10 Feb 03.
    Exhibit E.  Letter, SAF/MRBR, dated 14 Feb 03.