RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02530
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  17 FEBRUARY 2006

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APPLICANT REQUESTS THAT:

Her records be corrected to show her medical condition did not exist prior to service.
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APPLICANT CONTENDS THAT:

Her records state she was treated for depression for a year before entering the service.  She was never treated nor saw a doctor for depression or any other mental issues prior to service.

In support of her request, the applicant submits two personal statements, a character reference statement while on active duty and additional documents associated with the issues cited in her contentions.  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 30 June 1999 for a period six years.  She was progressively promoted to the grade of airman first class (E-3), with a date of rank of 3 September 1999 and an effective date of 24 November 1999.

A Medical Evaluation Board (MEB) was convened on 17 October 2000 and their diagnosis and findings were:  Recurrent Major Depression Disorder, with 1 April 2000 as the approximate date of origin.  The MEB recommended referral to the Physical Evaluation Board (PEB).

On 17 November 2000, an Informal Physical Evaluation Board (IPEB) convened and established a diagnosis of Major Depressive Disorder (Recurrent).  Definite social and industrial adaptability impairment.  Existed prior to service (EPTS) without service aggravation.  The IPEB found the applicant unfit because of physical disability and recommended discharge under provisions other than Chapter 61, Title 10, USC, (EPTS), with a compensable rating of 30 percent.  On 22 November 2000, the applicant disagreed with the findings and recommended disposition of the IPEB and requested a Formal PEB (FPEB).

On 10 January 2001, a Formal Physical Evaluation Board (FPEB) convened and established a diagnosis of Major Depressive Disorder (Recurrent).  Definite social and industrial adaptability impairment.  Existed prior to service (EPTS) without service aggravation.    The FPEB found the testimony and medical evidence to support the findings and recommendations of the IPEB.  The FPEB found the applicant unfit because of physical disability and recommended discharge under provisions other than Chapter 61, Title 10, USC, (EPTS), with a compensable rating of 30 percent.  On 10 January 2001, the applicant disagreed with the findings and recommended disposition of the FPEB and submitted a rebuttal to the Secretary of the Air Force Personnel Council (SAFPC), dated 28 January 2001.

On 14 February 2001, Officials within the Office of the Secretary of the Air Force determined the applicant was physically unfit for continued military service due to a physical disability which existed prior to military service (EPTS) and directed the applicant be discharged without disability benefits.

The applicant was honorably discharged on 1 May 2001 under the provisions of AFI 36-3212 (Disability, Existed Prior to Service, PEB).  She had completed a total of one year, ten months and two days and was serving in the grade of airman first class (E-3) at the time of discharge.
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AIR FORCE EVALUATION:

The BCMR Medical Consultant summarized the information contained in the applicant’s personnel and medical records and is of the opinion that no change in the applicant’s record is warranted.  The BCMR Medical Consultant states the applicant was discharged for recurrent major depression that existed prior to service.  She was also diagnosed with Intermittent Explosive Disorder and antisocial traits, conditions also existing prior to service.  Evidence of the record shows the applicant’s psychiatric problems clearly preceded entry into military service and were of the same character and pattern as during service.  The psychiatrist determined her condition existed prior to service and was recurrent.  Although the applicant’s symptoms had improved, the IPEB and FPEB found her unfit for military service due to the recurrent and chronic nature of her condition.  Action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.  Details of his evaluation are at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 1 August 2005 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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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.  After a thorough review of the evidence of record and the applicant’s submission, we are unpersuaded that the applicant’s disability processing and the final disposition of her case were in error or contrary to the governing Air Force instructions, which implement the law.  Therefore, we agree with the opinion and recommendation of the BCMR Medical Consultant 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.  In view of the above and absent evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing 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 8 September 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-02530.

   Exhibit A.  DD Form 149, dated 16 Jul 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 27 Jul 05.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Aug 05.