RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-00950
INDEX CODE: 111.05, 131.01
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her Officer Performance Report (OPR) rendered for the period 12 Jul 96
through 11 Jul 97 be removed from her records and she be considered by
Special Selection Board (SSB) for promotion to the grade of lieutenant
colonel.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The OPR reflects a decline in duty performance that was later determined to
have been caused by an undiagnosed, untreated medical condition that had a
direct impact on her duty performance. Once her condition was properly
diagnosed and treated, she was able to perform her duties at her normal
level. She attempted to have the OPR removed by the Evaluation Reports
Appeal Board (ERAB). However, the ERAB determined that the report
accurately reflected her performance during the period and denied her
request. The existence of the report in her records made her less
competitive and hampered her opportunity to obtain a definitely promote
(DP) promotion recommendation.
In support of her request applicant provided a personal statement,
documents associated with her ERAB appeal, memorandums from her physicians,
extracts from her medical records, OPRs rendered for the period 16 Jan 95
through 24 May 00; and, her Promotion Recommendation Forms (PRFs) for the
P0599A, P0599B, and P0500A selection boards. Her complete submission is
appended at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was appointed a second lieutenant, Reserve of the Air Force on 14
May 83. She was voluntarily ordered to extended active duty (EAD) on 25
Jul 83 and was integrated into the Regular Air Force on 7 Nov 86. She has
been progressively promoted to the grade of major, having assumed that
grade effective and with a date of rank of 1 Dec 94.
She was considered and not selected for promotion to the grade of
lieutenant colonel by the Calendar Year (CY) 99A, CY99B, and CY00A Central
Lieutenant Colonel Selection Boards, which convened on 19 Apr 99, 30 Nov
99, and 28 Nov 00, respectively. She currently has an established date of
separation (DOS) of 31 Jul 07.
Her OPR profile since promotion to the grade of major is as follows:
PERIOD ENDING OVERALL EVALUATION
15 Jan 96 MEETS STANDARDS (MS)
11 Jul 96 MS
11 Jul 97 * MS
11 Jul 98 # MS
11 Jul 99 ## MS
24 May 00 ### MS
* - Contested Report
# - Top OPR for CY99A Board
## - Top OPR for CY99B Board
### - Top OPR for CY00A Board
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant reviewed applicant's request and recommends
denial. The Medical Consultant states that records are clear in showing
she had a long history of depression from the early 1990s which required
outpatient treatment and hospitalization for control. She obtained some
relief with antidepressant medication, but subsequently became more
depressed and was hospitalized in June and September 1996. Important to
this history are reportedly normal thyroid function tests performed during
the June hospitalization. The long-standing depression cannot be traced
solely to her thyroid condition. Aggravation of her mood disorder may
occur with hypothyroid states which followed initiation of lithium therapy
but may well have resulted from an unrelated inflammatory process in the
gland. Lithium therapy, itself, may lead to depression, being a drug
primarily used in manic states, a condition not exhibited by the applicant
prior to initiation of therapy. The time period covered by the contested
OPR clearly cannot be linked to the lithium treatment/thyroid condition.
Hypothyroid states are unpredictable as to the onset and severity of
related effects on individuals. To lay the entire issue of cause for the
questioned report on this hormonal abnormality is improper and likely
invalid.
In the rater's letter supporting the applicant's request it is stated that
the rater discussed the applicant's depression with her psychiatrist. This
occurred prior to onset of lithium treatment and subsequent development of
hypothyroidism. The rater states that the problems that led her to write
an average OPR were caused by a medical condition over which the applicant
had no control. If the rater is assuming that the applicant suffered from
hypothyroidism the entire period of the OPR cycle, she has been misinformed
and has reached invalid conclusions.
The Medical Consultant states that he cannot accept the premise of this
request despite the treating psychiatrist's and internist's comments that
seem to implicate the thyroid as the sole reason for the applicant's long-
standing depression. Treatment for the thyroid condition does not appear
to have eliminated the depression. On-going treatment and therapy for this
condition has reached into the 6th year indicating little likelihood of
resolution of this major depressive disorder (see Exhibit C).
The Acting Chief, Promotion, Evaluation, and Recognition Division,
AFPC/DPPP, reviewed applicant's requests and after summarizing the facts of
the case, recommends denial (see Exhibit D).
The Chief, Officer Promotions, Appointments, and Selective Continuation
Branch, AFPC/DPPPO, reviewed applicant's request; agrees with the findings
of the ERAB and DPPP; and, recommends denial (see Exhibit E).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded and states that the Air Force position in this matter
has consistently been that “evaluation reports are considered accurate when
written” regardless of any underlying reason for that performance. She
reiterates her contentions and states that the BCMR Medical Consultant
mistakenly claims that she continues to take anti-depressant medications to
this date. This statement is false, she has not taken any anti-depressant
medications since March 1999. He emphasizes the existence of “reportedly
normal thyroid function tests” in June 1996 and refutes the idea that
hypothyroidism could exist when laboratory tests are normal. She provided
a letter from her physician which explains the existence of “subacute
hypothyroidism” in which a patient has a low-functioning thyroid even when
the blood tests appear normal, which was true in her case. His conclusion
that the depression was unrelated to thyroid disease and that the
depression was the cause of decreased performance during the reporting
period is internally inconsistent in the context of his overall evaluation.
Applicant asks the Board to carefully review the medical opinions that she
submitted with her request in contrast with the BCMR Medical Consultant who
with no factual basis proclaims that not only does she continue to take
anti-depressants but that her condition is so severe that medical
evaluation board (MEB) processing is warranted.
With regards to the DPPP advisory, she states that when she submitted her
application to the ERAB she requested a statement from her additional
rater. He stated that he thought the most important supporting
documentation was the letter from the rater and that he believed her
package was sufficiently strong enough to warrant relief without a letter
from him. At the time of the OPR in question, the reviewer did not even
know her. He served as reviewer at the Air Force Judge Advocate General’s
School but she never had any interaction with him. When she later moved to
the Air University, he became her additional rater for the OPR immediately
following the contested OPR and lauded her performance.
In further support of her request applicant provided additional memorandums
from her physicians. Her complete submission is appended at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of probable injustice. Notwithstanding the fact that the
contested Officer Performance Report (OPR) was an accurate assessment of
her performance during the period in question, we believe that favorable
consideration of her request is warranted. In this respect, given the
unequivocal support from senior Air Force officers who were in position to
directly observe her performance; and, the disparity between the contested
OPR when compared with her previous and subsequent OPRs, we believe a
reasonable doubt has been established as to whether or not the OPR
accurately portrayed her ability to serve in the next higher grade to
selection board members. Evidence provided has led us to believe that
there was a misdiagnosis of her medical condition that impacted her rater’s
ability to prepare an OPR that fairly reflected an assessment of her
abilities and performance. In consideration of all of the circumstances of
this case it is our opinion that the benefit of any doubt in this matter
should be resolved in her favor. Accordingly, we recommend that her
records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that the Field Grade Officer Performance
Report (OPR), AF Form 707a, rendered for the period 12 July 1996 through 11
July 1997, be declared void and removed from her records.
It is further recommended that she be considered for promotion to the grade
of lieutenant colonel by Special Selection Boards for the Calendar Year
1999A (CY99A) Central Lieutenant Colonel Selection Board, and for any
subsequent board for which the OPR closing 11 July 1997 was a matter of
record.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 26 Sep 01, under the provisions of AFI 36-2603:
Mr. Gregory H. Petkoff, Panel Chair
Mr. George Franklin, Member
Mr. Albert F. Lowas, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Apr 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 15 May 01.
Exhibit D. Letter, AFPC/DPPP, dated 12 Jul 01.
Exhibit E. Letter, AFPC/DPPPO, dated 12 Jul 01.
Exhibit F. Letter, SAF/MIBR, dated 27 Jul 01.
Exhibit G. Letter, Applicant, dated 30 Aug 01, w/atchs.
GREGORY H. PETKOFF
Panel Chair
AFBCMR 01-00950
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show the Field Grade Officer
Performance Report (OPR), AF Form 707a, rendered for the period 12 July
1996 through 11 July 1997, be, and hereby is, declared void and removed
from her records.
It is further directed that she be considered for promotion to the
grade of lieutenant colonel by Special Selection Board for the Calendar
Year 1999A (CY99A) Central Lieutenant Colonel Selection Board, and for any
subsequent board for which the OPR closing 11 July 1997 was a matter of
record.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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