RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-01684
		INDEX NUMBER: 100.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that on 22 December 2002, he was continued on the Temporary Disability Retired List (TDRL), rather than discharged with severance pay.

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THE APPLICANT CONTENDS THAT:

All of his medical records concerning a 6 November 2002 psychiatric consult and all follow-up consults were not available for the Physical Evaluation Board (PEB).

In support of the appeal, applicant submits the 6 November 2002 psychiatric consult and extracts from his medical records.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 8 September 1997.  In September 1998, he developed chronic low back pain associated with degenerative disc disease.  On 25 October 2000, he was diagnosed with Major Depressive Disorder, single episode, moderate severity, and Panic Disorder.  He was referred to a Medical Evaluation Board (MEB) on 5 December 2000.  The MEB recommended he appear before a Physical Evaluation Board (PEB).  On 5 February 2001, an Informal PEB (IPEB) found him unfit due to Major Depressive Disorder with definite social and industrial adaptability impairment and recommended he be placed on the TDRL with a 30% rating.  He concurred with the IPEB findings and recommendations.  He was discharged 6 April 2001 and placed on the TDRL.  An Air Force psychiatrist and Air Force orthopedic surgeon reevaluated him on 17 July 2002.  The IPEB recommended he be discharged with severance pay.  He disagreed with the IPEB findings and requested a Formal PEB (FPEB).  On 9 October 2002, the FPEB determined he was unfit due to chronic low back pain, mechanical, associated with major depressive disorder and anxiety/panic attacks rated at 10%, and recommended he be discharged with severance pay.  The Secretary of the Air Force Personnel Council (SAFPC) upheld the findings of the FPEB on 17 November 2002.  He was removed from the TDRL on 22 December 2002, and discharged with severance pay.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the application be denied and states, in part, that the applicant was properly evaluated and appropriately rated.  With regard to mental health conditions, Department of Defense policy specifically states that increased severity of symptoms due to transient stressors associated with the PEB and prospect of separation or retirement and relocation or re-employment will not be considered in determining the degree of impairment.

The BCMR Medical Consultant evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 9 January 2004, for review and response within 30 days.  However, as of this date, this office has received no response.

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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.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.  Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The BCMR Medical Consultant has adequately addressed applicant’s contentions and we agree with his opinion and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Hence, we find no compelling basis to recommend granting the relief sought.

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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 Docket Number BC-2003-01684 in Executive Session on 19 February 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 May 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 16 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.

                                   Panel Chair