RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2002-04019
INDEX CODE:  108.00
    XXXXXXXXXXXXXXXXXXXXX		COUNSEL: 

    XXXXXXXXXXXXX				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His honorable discharge from the Tennessee Air National Guard (ANG) be set aside, and he be awarded compensation for his undetermined service-connected condition retroactive to his date of discharge, 11 February 1983.  
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APPLICANT CONTENDS THAT:

Although he left the military for medical reasons, which were service connected, he has never received the medical military compensation to which he is entitled.  

In support of his request, the applicant submits copies of his NGB Form 22, Report of Separation and Record of Service, and AF Form 422, Physical Profile Serial Report.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 1 April 1968, the applicant was drafted and entered the Regular Army at the age of 19.  He was released from active duty on 31 March 1970 and entered the Army Reserve on 1 April 1970.  The applicant completed his reserve obligation with the Army on 11 January 1972.  On 12 January 1972, the applicant enlisted in the Regular Air Force in the grade of sergeant for a period of four years.  He was honorably released from active duty on 20 November 1972 under the provisions of AFM 39-10 for the convenience of the government.  At that time, he was credited with a total of 2 years, 10 months and 9 days of active duty service.  On 21 November 1972, he enlisted in the Air National Guard and Reserve of the Air Force for six years in the grade of sergeant (E-4).  He was progressively promoted to the grade of technical sergeant effective and with a date of rank of 1 October 1980.  The applicant became an Air Reserve Technician, which required that he maintain his active Reserve participation while working in a government civil service position.  On 11 February 1983, the applicant was administratively separated due to medical disqualification for non-service connected depression.  He was credited with 12 years, 8 months and 9 days of satisfactory Federal service.  

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the application be denied.  The BCMR Medical Consultant states that a review of the applicant’s medical records show that the applicant had no significant health issues until 1979.  During a periodic physical exam on 15 August 1977, the applicant reported a “nervous condition.”  He was currently undergoing a divorce.  During his next periodic physical examination on 5 August 1978, the applicant reported no problems.  The applicant was hospitalized for “reactive depression” 8-16 August 1979 and 8-22 September 1979.  Following the 1979 hospitalizations, the applicant participated in Alcoholics Anonymous.  The BCMR Consultant states that according to the applicant’s Air National Guard Point Credit Summary, the applicant was not on active duty status at the time of his two 1979 hospitalizations.  The applicant was again hospitalized on 1 November 1982, for anxiety after isolating himself in his apartment for two weeks, not going to work and drinking heavily (history reported by the applicant’s Mother obtained from the 4 November 1982 Parthenon Social History Update report).  The BCMR Consultant states that according to the applicant’s Air National Guard Point Summary, the applicant was not on active duty during his 1982 hospitalization.  On 24 November 1982, the applicant underwent a Medical Evaluation Board (MEB) that concluded his depression was not incurred while entitled to basic pay and recommended medical disqualification and administrative discharge (not disability discharge).  The State Air Surgeon and National Guard Bureau Air Surgeon concurred with the MEB’s conclusions and recommendation.  There is no information regarding disability benefits the applicant received through civil service.  

The BCMR Medical Consultant states that the applicant filed a claim with the Department of Veterans Affairs (DVA) for service connection for depression in November 1982; however, his request was denied in January 1983.  In subsequent years the applicant has been repeatedly denied service connected disability compensation by the DVA for Post Traumatic Stress Disorder related to his Army service in Vietnam.  

The BCMR Medical Consultant summarizes the applicant developed recurrent depression with associated alcohol abuse beginning in 1979 requiring hospitalization.  The applicant recovered from his first bout that was related to marital and job stress.  His hospitalization in November 1982 for recurrent depression, again related to marital and job stress, lead to his medical disqualification for continued service in the ANG.  It is the BCMR Medical Consultant’s opinion that since his recurrent depression, a chronic illness, was not proximately caused by active duty and did not occur while on active duty receiving basic pay, he is not eligible for disability compensation by the Air Force. The BCMR Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPD recommends the application be denied.  The applicant has not provided any evidence to show an injustice occurred at the time of his involuntary discharge from the ANG that would justify his entitlement to compensation for a service-connected medical condition.  DPPD states that AFR 35-4, Chapter 8, dated 12 September 1980, in effect at the time of the applicant’s ANG service, states that non-regular members whose disability was not incurred or diagnosed while performing active duty, full time training duty, or active duty for training under a call that specified a period of more than 30 days, were ineligible for processing by a Physical Evaluation Board (PEB) under this regulation.  Service members who were evaluated and found unfit by the medical facility commander were appropriately processed as a non-medical discharge under the appropriate USAFR or ANG directive.  It is DPPD’s opinion that since the applicant’s unfitting medical condition was not incurred or diagnosed while on military orders, he did not qualify for processing under military disability laws and policy established in AFR 35-4.  DPPD concurs with the overall comments and recommendation in the BCMR Medical Consultant’s evaluation.  The AFPC/DPPD evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 May 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 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 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 evidence provided does not persuade us that an injustice occurred at the time the applicant was involuntarily discharge from the Air National Guard that would justify his entitlement to compensation for a service-connected medical condition.  It is our opinion that since no evidence has been provided showing that the applicant’s unfitting medical condition was incurred or diagnosed while on military orders, he does not qualify for processing under military disability laws or regulations.  There is no indication in his records that the actions or findings surrounding his involuntary discharge were contrary to regulation or accepted medical principles or that he was treated differently from other members in similar circumstances.  We therefore agree with the assessments by the Air Force advisories and adopt their rationale as the basis for our decision.  Accordingly, the applicant’s request is not favorably considered.  

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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 23 July 2003, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number BC-2003-04019 was considered:

	Exhibit A.  DD Form 149, dated 10 Dec 02, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, BCMR Medical Consultant, dated 28 Apr 03.
	Exhibit D.  Letter, AFPC/DPPD, dated 27 May 03.
	Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.