RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02281
		INDEX NUMBER:  108.00
	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  2 Feb 06

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APPLICANT REQUESTS THAT:

His disability discharge with severance pay from the Air Force be changed to a medical retirement.

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APPLICANT CONTENDS THAT:

Since his discharge from the Air Force he has been further evaluated by the Department of Veterans Affairs (DVA) and received a disability rating of 70%.

In support of his appeal, applicant provides a copy of the DVA decision paperwork and a copy of the Air Force disability findings.

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 10 Jul 96.  On 1 Jul 03, a Medical Evaluation Board (MEB) was convened on the applicant due to his persistent, recurrent symptoms of Major Depressive Disorder.  The MEB diagnosed the applicant with Major Depressive Disorder and recommended he be referred to a Physical Evaluation Board (PEB).  On 14 Jul 03, an Informal PEB (IPEB) diagnosed the applicant with Major Depressive Disorder, mild social and industrial adaptability impairment.  The applicant’s condition was rated at 10% and it was recommended he be discharged with severance pay.  On 16 Jul 03, the applicant concurred with the findings and recommended disposition of the IPEB.  On 22 Jul 03, officials within the Office of the Secretary of the Air Force (SECAF) determined the applicant was unfit for continued military service and directed his discharge with severance pay.  The applicant was discharged on 2 Sep 03 for disability and paid severance pay.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request.  The applicant believes his record is in error because the Air Force evaluated his unfitting condition of depression at 10% and the DVA in an examination following separation has initially evaluated his depression at 30% and has granted additional service-connected disability compensation for conditions that the Air Force did not provide a rating or compensation for.  The reason the applicant could be found unfit by the Air Force at a certain disability level and later granted a higher service-connected disability by the DVA is due to the differences between Title 10, USC and Title 38, USC.  The military services operate under Title 10 and can only offer compensation for those diseases or injuries that specifically rendered a member unfit for continued active service and were the cause for termination of their career.  Compensation can only be offered for the degree of impairment present at the time of separation.  The mere presence of a medical condition does not qualify a member for disability evaluation.

The DVA operates under a separate set of laws and specifically addresses long term medical care, social support and educational assistance.  The DVA is chartered to offer care and compensation for any service-connected disease or injury without regard to whether it was unfitting for continued military service.  The DVA is also empowered to reevaluate veterans periodically for the purpose of changing their disability awards if their level of impairment changes over time.

In this instance, the only condition that rendered the applicant unfit for continued military service was depression with a social and industrial adaptability impairment of mild.  Disability separation with severance pay was appropriately recommended and is supported by the applicant’s service personnel and service medical records.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 May 05 for review and comment within 30 days.  To date, a response has not been received.

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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-2004-02281 in Executive Session on 6 July 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 19 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 27 May 05.