RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02651 INDEX CODE:	110.02
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her narrative reason for separation and RE code be changed or upgraded.

APPLICANT CONTENDS THAT:
She was not diagnosed with a mental disorder while serving on active duty by the medical professionals. She did not realize she could challenge the RE code until after the fact.

In support of her request, the applicant’s provided a DD Form 293(Application for the Review of Discharge from the Armed Forces of the United States), documentation extracted from her medical records, and a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).

Her complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The applicant served in the Regular Air Force for 1 year,
5 months, and 8 days and was honorably discharged on 4 February 2004; with an RE code 2Q and narrative reason for separation of Disability, Existed Prior to Service (EPTS).

On 9 October 2003, the applicant met a Medical Evaluation Board (MEB) which recommended she be retained with continued disqualification from firearm clearance and that she be retrained into a different Air Force Specialty Code (AFSC); the board also stated that if this was not practicable, to consider her for medical discharge. The board determined that her condition was moderate in relation to her ability to perform her military duties.

On 15 October 2003, her commander recommended her for separation due to today’s high operations tempo and frequent deployments. If separation was not an option, he recommended her for cross training.

On 12 November 2003, her case was forwarded to an Informal Physical Evaluation Board (IPEB).

On 19 November 2003, she met an IPEB and was diagnosed with major depressive disorder associated with panic disorder. The condition existed prior to service and the social and industrial adaptability was rated as a mild impairment. The applicant was found unfit for duty and recommended for discharge.

On 15 December 2003, she acknowledged receipt and agreed with the findings of IPEB. She waived her right to meet a Formal PEB and was discharged on 4 February 2004.

AIR FORCE EVALUATION:
HQ AFPC/DPSOA recommends denial. DPSOA reviewed the applicant’s medical records and found that the Secretary of the Air Force Personnel Council (SAFPC) directed her to be discharged due to physical disability that was EPTS. Although, the MEB recommended continuing her service; SAFPC has the final decision and recommended her for separation.

The complete DPSOA evaluation is at Exhibit C.
AFPC/DPSD recommends denial. DPSD states the applicant met an IPEB for major depressive disorder associated with panic disorder. During the board’s evaluation, they noted her two year history of depression and her own admission to having suffered panic attacks since the fifth grade. Thus, the board found her unfit for duty and recommended discharge under the appropriate provisions. The applicant concurred with the findings and was discharged on 4 February 2004.

The complete DPSD evaluation is at exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 9 January 2009 for review and comment within 30 days.  As of this date, this office has received no response.

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 applicant’s submission, we are not persuaded that her records should be changed. 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 offices of primary responsibility. The applicant has provided no evidence that her medical condition was improperly evaluated at the time of final disposition, or that her disability processing was erroneous or contrary to the provisions of the governing instructions, which implement the law. We therefore agree with the recommendations of the Air Force offices of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden of proof of the existence of either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting her request.

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.

The following members of the Board considered AFBCMR Docket Number BC-2008-02651 in Executive Session on 10 February 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member 
Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-02651 was considered:

Exhibit A.	DD Form 149, dated 2 September 2008, w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 6 November 2008. Exhibit D. Letter, AFPC/DPSD, dated 20 November 2008. Exhibit E.  Letter, SAF/MRBR, dated 9 January 2009.