RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-00788 INDEX NUMBER:	145.00
XXXXXXX	COUNSEL: NONE
HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
The finding of Line of Duty Determination – No (LOD-No) be changed to Line of Duty Determination - Yes (LOD), and the determination be made that her disability was In the Line-of-Duty (ILOD).

APPLICANT CONTENDS THAT:
The diagnosis of conversion disorder which occurred while on duty on 22 November 2002 was not a condition that existed prior to service. The condition happened while on duty and she has never been able to work since.

In support of her application, the applicant provides a personal letter, a copy of AF Form 348, Line of Duty Determination, a letter from USAF Formal PEB/DPPDF, a legal brief from her lawyer, a letter from her doctor, and a copy of Reserve Order A-353.

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

STATEMENT OF FACTS:
The applicant was commissioned as a second lieutenant in the Regular Air Force on 27 September 2002 and was progressively promoted to the grade of captain.

On 22 November 2002, the applicant was found asleep at her desk by her supervisor and transported to the emergency room for treatment. On 11 January 2003, an Air Force Form 348, Line of Duty Determination (LOD), concluded that the she had a chronic condition associated with fatigue and weakness; it predated her Unit Training Assembly (UTA); and her service did not aggravate her condition, with a recommended finding that it existed prior to service (EPTS) and a LOD was not applicable.

On 7 September 2004, the Informal Physical Evaluation Board (IPEB) found the applicant unfit to perform the duties of her office, grade, rank or rating due to a diagnosis of depression and conversion disorder. The applicant accepted the decision that

she was unfit, but challenged the notion that her medical condition(s) existed prior to military service or was not ILOD.

On 4 February 2005, a Formal Physical Evaluation Board (FPEB) found the applicant unfit for continued military service and concluded the she had a conversion disorder with depression which is incompatible with the rigors of military service.

On 4 April 2005, the Secretary of the Air Force Personnel Council concurred with the determination of the FPEB and found the applicant unfit for continued military service and that the applicant's medical condition was not duty related.

She was released from the Reserve on 18 August 2005 for physical disqualification. She served 4 years, 8 months, and 22 days of total active service.

AIR FORCE EVALUATIONS:
AFRC/SG recommends denial and states the case was forwarded to the IPEB and subsequently adjudicated through the FPEB finding the applicant unfit. All processes appear to have been applied in an appropriate manner, with due consideration to medical documents provided.

AFRC/SG’s complete evaluation is at Exhibit C.
The BCMR Medical Consultant recommends denial and states in order for the applicant's depression and conversion disorder to be ILOD, or service-connected, while serving in a period of 30 days or less, there must be evidence that the condition was the proximate result of  performing her military duties or was incurred while traveling directly to or from her place of duty. There is no evidence of a precipitating occupational factor or identifiable de novo cause for the applicant's depression and conversion disorder. On the other hand, had the applicant performed in a period of 31 days or more, the condition need only be shown, by a preponderance of evidence, not to have existed prior to military service, evidence of permanent service aggravation, or the achievement of eight years of active service; the latter criterion after which any medical condition becomes service connected. The BCMR finds that the applicant's chronic condition which manifested so soon after entering her period of service, referencing prior treatment for anxiety and depression and the symptoms that she reported "persisted until Friday a.m. when she came in to do Reserve duty," that it could not have first begun on that date (a criterion also paraphrased from DoDI 1332.38). Therefore, notwithstanding the 23 February 2005 letter from the applicant's psychiatrist, the BCMR Medical Consultant finds insufficient medical evidence to justify overturning the previous not ILOD determination.

The	remaining	pertinent	medical	facts	are	contained	in	the evaluation prepared by the BCMR Medical Consultant at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
The applicant reviewed the Air Force evaluations and stated the depression was noticed after the foot injuries, medications to treat the foot injuries, and a year or two of vaccinations. She believes her condition was aggravated by her LOD injuries. She is not able to be the same person she was when she signed up for the military. She left disabled. She became disabled from injuries incurred and aggravated in the line of duty during a period of active duty for training. She sustained paralysis and tremors and leaning to the right and hypothermic reaction during the
22 November 2002 UTA.
Applicant's complete response, with attachments, is at Exhibit G.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was not timely filed.

3.	Insufficient	relevant	evidence	has	been	presented	to	
demonstrate	the	existence	of	error	or	injustice	that	would	
warrant corrective action. After a thorough review of the evidence of record, we see no evidence of error or impropriety in the LOD process and are not persuaded by applicant's contentions, that she has been the victim of an injustice. It appears the applicant’s medical case was properly evaluated under the appropriate Air Force regulations, which implement the law. In our opinion, the detailed comments provided by the BCMR Medical consultant and the Air Force office of primary responsibility adequately address these allegations. Therefore, we adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. We are not unsympathetic towards the applicant; however, evidence has not been presented which would lead us to believe that the commander's determination of the LOD were erroneous or unjust. Accordingly, in the absence of evidence to the contrary, we find no compelling 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.

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 her application.

The following members of the Board considered Docket Number BC- 2008-00788 in Executive Session on 5 February 2009, under the provisions of AFI 36-2603:

Vice Chair 
Member
Member

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-00788:

Exhibit A.	DD Form 149, dated, 25 Feb 08, w/atchs. Exhibit B.	Applicant’s Master Personnel Records.
Exhibit C.	Letter, AFRC/SG, dated 30 Jul 08. Exhibit D.	Letter, SAF/MRBR, dated 29 Aug 08
Exhibit E.	Letter, BCMR Medical Consultant, 19 Nov 08 Exhibit F.	Letter, SAF/MRBR, dated 21 Nov 08.
Exhibit G.	Applicant's Responses, dated 16 Sep 08 &
18 Dec 08.