RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02179
		INDEX CODE: 108.01, 110.02, 131.00
		COUNSEL:  None
	
		HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  17 JAN 06

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APPLICANT REQUESTS THAT:

She be promoted to the grade of staff sergeant (SSgt) with all back pay and allowances, and her 1989 discharge for pregnancy be changed to a medical discharge for multiple service-connected medical conditions.

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APPLICANT CONTENDS THAT:

She was subjected to extreme pressure, sexual harassment, misdiagnosis of her pregnancy, unjust treatment from her superiors, and was forced to separate under false pretenses despite multiple medical conditions incurred in and aggravated by military service [temporomandibular joint pain (TJP), bilateral pes planus, anemia, sinusitis, dysmenorrheal, chronic fatigue, chest pain, depression, anxiety, post-traumatic stress disorder (PTSD), “spasms . . . directly related to scoliosis”].  Earlier in her career she was the victim of sexual harassment in her job and the dormitory.  She feared retaliation and did not bring formal complaints of sexual advances/assaults.  Despite symptoms and her assertions of pregnancy, her tests were negative.  She became very ill because of the depression, anxiety and PTSD caused by the harassment, and the misdiagnosis of her pregnancy.  This impacted her ability to do her job and cut short her career progression.  Her cry for help was ignored and she was on the verge of a mental breakdown.  She requested to be discharged from the military for pregnancy in order to remove herself from this stressful environment and maintain her sanity.  However, she was not informed of her rights to have a complete discharge physical/dental exam and she was not given a proper separation out-processing briefing.  

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

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STATEMENT OF FACTS:

The applicant underwent an enlistment physical on 28 Feb 85, and she indicated she had frequent headaches that were helped by aspirin.  She enlisted in the Air Force Reserves under the Delayed Entry/Enlistment Program (DEP) on 12 Mar 85.  She enlisted in the Regular Air Force for a period of four years on 15 Apr 85.  The applicant’s first performance report had an overall rating of 8; the remaining four reports had overall ratings of 9.  During the period in question, the applicant was assigned to the 487th Combat Support Group (487 CSG) at Comiso Air Station, Italy, as an accounting and finance administrative specialist.

She was diagnosed with and treated for bilateral pes planus (flat feet--a congenital/developmental condition) in Jun 86.  Around this timeframe, she also sought care for bilateral anterior knee pain consistent with patellofemoral pain syndrome.  There are no further entries for knee pain.

On 19 Aug 86, the applicant was evaluated and conservatively treated in the dental clinic for left TJP.  She was instructed to return to the dental clinic if her symptoms did not resolve.  Available dental/medical records show no subsequent entries for this complaint. 

In Oct 87, the applicant was evaluated for back discomfort, at which time a mild scoliosis (a developmental condition) was noted.  On 29 Oct 87, she reported feeling “pretty good” and X-rays showed a 15-degree curvature. She was referred to physical therapy for postural exercises.  There are no further entries for back problems while on active duty.  

On 17 Nov 87, the applicant was treated for menstrual cramps, reporting a history of menstrual cramps/dysmenorrheal since age 14 without relief from multiple medications.   There are no other entries for severe menstrual cramps while on active duty.

On 22 Dec 87, she was evaluated for left foot pain for the previous two weeks without a history of trauma.  Examination revealed no evidence of swelling or tenderness to palpation and she was diagnosed as having soft tissue pain, left foot.  There are no other service medical record entries for foot pain while the applicant was on active duty.  

Medical entries show treatment for occasional bouts of sinusitis, including periods in Mar 87 and Oct 88.

On 17 Apr 89, the applicant’s request to change her name from -- to -- due to marriage to another active duty member was approved.

On 26 May 89, when she was approximately eight weeks pregnant with an estimated delivery date of 1 Jan 90, the applicant requested voluntary separation, effective 30 Jun 89, due to pregnancy.  The applicant indicated her pregnancy was interfering with her military duties.  At the time of her separation, she was processed expeditiously to accommodate her requested date of separation.  She did not receive a final dental exam and there is no separation medical exam in the available records.

On 30 Jun 89, after 4 years, 2 months, and 16 days of active service, the applicant was honorably discharged for pregnancy in the grade of sergeant. 

Following her discharge, the applicant continued to receive medical care as a dependent wife of her active duty husband.  Also following discharge, she experienced problems with back pain and spasms during her pregnancy that persisted following the delivery of her child.   Evaluation confirmed the presence of mild scoliosis and an orthopedic evaluation on 5 Mar 90 doubted her mild scoliosis was related to her occasional pains.  Her orthopedic exam was otherwise normal.  Approximately two years after her separation, she was provided with arch supports for discomfort related to her flat feet.  In Sep 94, she was evaluated for heavy, painful menses.  Military medical records following her discharge do show care for recurrent back pain and back spasms, mild scoliosis, recurrent chest pain, anxiety, pregnancy (twice), bilateral pes planus, mild anemia, sinusitis, dysmenorrheal, and fatigue. They do not show entries following her separation for care of TJP, depression, or PSTD.  The applicant’s military medical records end in Nov 96.

In Oct 02, the applicant filed a claim with the Department of Veterans Affairs (DVA) using her maiden name.  DVA Rating Decision, dated 14 Feb 03, denied service connection for TJP, joint pain, bilateral pes planus, anemia, sinusitis, and dysmenorrheal. 

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AIR FORCE EVALUATION:

HQ AFPC/DPPPWB points out the application is untimely because the applicant waited approximately 15 years after separation to petition the AFBCMR.  There is no provision for an automatic promotion to SSgt as she requests.  She made a conscious decision to voluntarily separate from the Air Force before being considered for promotion.  She is therefore not entitled to be promoted to SSgt, a grade to which she was never selected.  They recommend the case be time-barred or denied.

A complete copy of the evaluation is at Exhibit C.

The AFBCMR Medical Consultant advises review of the applicant’s service medical records finds no evidence for anemia, chronic fatigue, chest pain, “spasms . . . directly related to scoliosis,” depression, anxiety, and PTSD.  Her service medical records do show evaluation or treatment for TJP, bilateral pes planus, sinusitis, dysmenorrheal, and scoliosis.  There is no evidence these conditions interfered with her military duty or warranted referral for a Medical Evaluation Board (MEB).  There is no evidence in her military medical or personnel records to support her contention of in-service traumas that might be linked to her post-service problems of anxiety, depression, or PTSD.  A separation medical exam in not required by law; however, as a matter of policy, the Air Force provides a separation exam which a member may decline.  There is no evidence in the medical records prior to the applicant’s separation that medical conditions present while on active duty warranted placement on medical hold for purposes of an MEB.  According to AFR 160-43, in force at the time, the fact that an individual’s service is soon to be terminated for reasons other than physical disability, e.g., expiration of enlistment, voluntary or mandatory retirement, gives rise to a presumption that he/she has been and remains medically qualified to perform the duties of his/her office, grade, or rank in such a manner as to reasonably fulfill the purpose of employment on active duty.  There is no evidence any of her medical conditions in service interfered with the performance of her duty, as further exemplified by her last superior performance report.  The Consultant explains the differences between the military Disability Evaluation System (DES), which operates under Title 10, and the DVA’s system, which operates under Title 38.  Denial is recommended as action and disposition in this case was proper and equitable, reflecting compliance Air Force directives.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

SAF/MRBR inadvertently sent a copy of only one of the two evaluations to the applicant on 14 Jul 05.  Complete copies of both evaluations were forwarded to the applicant by the AFBCMR Staff on 20 Jul 05 for review and comment within 30 days.  

The applicant provided a rebuttal indicating she was forced out of the military due to the constant and intense pressure of not knowing why she was sick.  Her illness eventually affected her mental well-being, causing her to spend time away from work.  She was highly motivated and career-minded and should have been promoted to the next grade of SSgt.  She was not afforded separation counseling.  Information was withheld from her and she did not know about her rights to appeal.

The applicant’s complete rebuttal is at Exhibit G.

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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 not persuaded she should be promoted to the grade of SSgt and discharged for multiple service-connected medical conditions.  The applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the evidence of record and the rationale provided by the AFBCMR Medical Consultant and the Air Force.  The applicant has not shown she was forced to leave the Air Force under false pretenses because of sexual harassment, extreme pressure, and medical problems, as she alleges.  She has not shown she suffered from an unfitting condition at the time of her separation or should have been promoted to the grade of SSgt.   We therefore adopt the rationale expressed by the Medical Consultant and the Air Force as the basis for our decision that the applicant has not sustained her burden of having suffered 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 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 this application in Executive Session on 14 September 2005 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2004-02179 was considered:

   Exhibit A.  DD Form 149, dated 8 Jul 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 22 Sep 04.
   Exhibit D.  Letter, AFBCMRF Medical Consultant, 
				dated 12 Jul 05.
   Exhibit E.  Letter, SAF/MRBR, dated 14 Jul 05.
   Exhibit F.  Letter, AFBCMR, dated 20 Jul 05.
   Exhibit G.  Letter, Applicant, dated 18 Aug 05.