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AF | BCMR | CY2001 | 0100996
Original file (0100996.doc) Auto-classification: Approved



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00996
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that  he  was  not  discharged  by
reason of physical disability with entitlement to severance pay  on  9
Jun 00.

He be reinstated to active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wrongfully  diagnosed  with  asthma  which  caused  him  to  be
wrongfully discharged from the Air Force.

In support of his appeal, the applicant  provided  extracts  from  his
military  personnel  records,  medical  documentation,  to  include  a
medical  consultation  ruling  out  the  diagnosis  of   asthma,   and
documentation pertaining to his training at the  Arizona  Correctional
Officer Training Academy.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was honorably discharged on 9 Jun 00 under the provisions of
AFI 36-3212 (Disability, Severance  Pay).   He  was  credited  with  2
years, 4 months, and 26 days of  active  duty  service.   He  received
$4,942.80 in severance pay.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate offices of
the Air Force.  Accordingly, there is no need to recite these facts in
this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, reviewed  this  application  and
noted that the applicant served as a fuels journeyman, accumulating an
inch-thick volume of medical records in his brief time in service.  He
was treated for multiple complaints, not the least of which were panic
attacks that required treatment with the anxiolyic agent Klonopin  for
much of his time in service.  These attacks were  apparently  tied  to
family relational and financial  problems  that  finally  resulted  in
divorce.  In  the  interim,  however,  he  was  seen  for  respiratory
problems that  were  diagnosed  as  asthma  in  the  spring  of  1999.
Pulmonary function testing  performed  in  the  May-Jul  99  timeframe
showed significant reactive airway changes with  obstructive  patterns
being  noted.   These  tests,  however,  were  not  followed  up  with
bronchodilator testing nor with a histamine challenge  test  which  is
widely used in determining individuals’ propensities for this disease.
 Because of continuing need for medication to control his  respiratory
symptoms (inhalers and steroid bursts) he was presented  to  a  Medial
Evaluation  Board  (MEB)  and  referred  to  the   Informal   Physical
Evaluation Board (IPEB) where the recommendation for  separation  with
severance pay was made and accepted by the applicant.   The  narrative
summary for his  disability  evaluation  is  deficient  in  showing  a
significant history of asthmatic attacks although  an  emergency  room
visit to a civilian facility while he  was  still  in  the  Air  Force
indicated some breathing problems but was related to a panic attack he
was experiencing.  His problem did not interfere with the  performance
of his duties, and his commander  had  recommended  retention  to  the
disability boards. Since his  discharge,  he  has  completed  a  basic
training course for work in the state correctional system and has  had
a thorough lung function testing performed,  including  the  histamine
challenge test that was completely normal.   Records  show  the  panic
attacks have diminished since his divorce  and  he  apparently  is  no
longer taking the Klonopin.

The  Medical  Consultant  indicated  that  it  does  appear  that  the
diagnosis of asthma was not well  substantiated  from  review  of  his
service medical records.  Rather, the anxiety and panic  attacks  seem
to have played a larger role in his respiratory symptoms and findings,
and this condition was not considered in  the  disability  processing.
It would have mattered little as far  as  his  continued  service  was
concerned,  as  AFI  48-123,  Attachment  2,  Medical  Standards   for
Continued Military Service, paragraph A2.12.2, defines anxiety  (among
other diagnoses) as disqualifying for continued  military  service  if
needing continuing psychiatric support.  Had this diagnosis been  used
instead of asthma,  the  result  would  likely  have  been  the  same:
discharge with  severance  pay  at  10  percent  disability  for  this
disorder with mild social and industrial impairment, VASRD Code  9413,
Anxiety Disorder, not otherwise specified.  According to  the  Medical
Consultant, the records indicated the applicant gave a history of such
anxiety problems  that  predated  his  military  service.   He  would,
therefore, not be eligible for reinstatement per this same  AFI  which
states such disorders are disqualifying for enlistment

The BCMR Medical Consultant is of the opinion that the records  should
be changed to remove any reference to asthma, exchanging, instead, the
words, reactive airway  disease,  and  the  reason  for  discharge  be
changed  to  reflect  anxiety  disorder,  not   otherwise   specified.
Reinstatement for further military service should not be approved.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
C.

The Physical Disability Division, AFPC/DPPD, reviewed this application
and recommended denial.  DPPD indicated that  the  disability  records
reflected the applicant was presented before an MEB on 6  Apr  00  and
his  case  was  referred  to  an  IPEB  for  evaluation.   The   Board
consequently found the member  unfit  for  military  service  for  his
condition of asthma and recommended he be  discharged  with  severance
pay with a 10 percent disability rating.  The  applicant  agreed  with
their findings and recommendation and  shortly  thereafter,  officials
within the Office of the Secretary of the Air Force directed  that  he
be discharged with entitlement to disability severance pay  under  the
provisions of Title 10, USC, Section 1203.

DPPD stated that upon reviewing the Medical Consultant’s comments  and
recommendation,  a  conscious  decision  was  made  to   present   the
individual's case to the IPEB to assess the new medical data  provided
by  the  applicant  for  a  second  opinion.   Having   examined   the
preponderance of evidence, the IPEB unanimously  determined  that  the
medical documentation presented to the board at the time  of  his  MEB
unquestionably  warranted  a  disability  discharge.   While  the  new
medical evidence may indicate a misdiagnosis, that cannot be said to a
certainty.   As  for  his  panic/anxiety  disorders,  there   is   not
sufficient documentation to conclude that they were unfitting.   Based
on conflicting medical opinions,  it  was  determined  that  there  is
nothing to their knowledge that precludes  the  veteran  from  seeking
entry on active duty via normal channels as a prior service  enlistee.
It was determined that if he can meet enlistment standards, or  get  a
waiver for them, he should be allowed to return to active  duty.   The
board strongly opposes that his military records be expunged to remove
any reference to his  asthma  diagnosis,  in  the  event  that  he  is
returned to active duty and the condition should reappear.

DPPD stated that although the member has provided some  evidence  that
his asthma may have been  misdiagnosed,  the  IPEB  was  not  entirely
convinced that he did not possess some asthma-like  condition  at  the
time of his MEB.  The board recommended that the member be allowed  to
apply for active duty where  he  can  be  reexamined  within  military
channels, to determine if he can  currently  meet  medical  enlistment
standards.

A complete copy of the DPPD evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant  on  3
Aug 01 for review and response.  As of this date, no response has been
received by this office (Exhibit E).

_________________________________________________________________

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 error or  injustice.   The  evidence  of  record
indicates that the applicant was honorably  discharged  by  reason  of
physical disability, with entitlement to  severance  pay  after  being
diagnosed  with  asthma.   However,  having  carefully  reviewed  this
application, we are sufficiently persuaded that the applicant may have
been  misdiagnosed  for  asthma.   Therefore,  we   agree   with   the
recommendation of the  Medical  Consultant  and  adopt  the  rationale
expressed as the basis for our decision that the  applicant  has  been
the victim of an error or an  injustice.   Accordingly,  we  recommend
that the  applicant’s  records  be  corrected  to  show  that  he  was
diagnosed with an anxiety disorder, not otherwise specified, and  that
any and references to asthma in his records be  removed  and  replaced
with the words “reactive airway disease.”

4.  We took note of the  applicant’s  requests  that  his  records  be
corrected to show that he was not discharged  by  reason  of  physical
disability, and that he be reinstated to active duty.  However,  after
a thorough review of the available  evidence,  we  believe  the  above
recommendation for correction of his records is the only  relief  that
is appropriate.  In this respect, we agree with the Medical Consultant
that had his respiratory problems been properly diagnosed, the  result
would likely  have  been  the  same,  his  disability  discharge  with
severance pay.  In view of the foregoing, we conclude  that  no  basis
exists to act favorably on the applicant’s requests.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  On 18 Apr 00, the applicant was found unfit to  perform  the
duties of his office, rank, grade or  rating  by  reason  of  physical
disability incurred while entitled to  receive  basic  pay;  that  his
diagnosis was for an anxiety disorder, not otherwise specified,  VASRD
Code 9413, rated at 10 percent disabling; that the disability  may  be
permanent; that the disability was not due to  intentional  misconduct
or willful neglect; that the disability  was  not  incurred  during  a
period of unauthorized absence; that the disability was  not  incurred
during a period of national emergency; and that the disability was not
received in line of duty as a direct result of armed conflict.

      b.  Any and all references to asthma in the applicant’s military
personnel and medical records be removed and replaced with  the  words
“reactive airway disease.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 Sep 01, under the provisions of AFI 36-2603:

      Mr. Patrick R. Wheeler, Panel Chair
      Mr. Timothy A. Beyland, Member
      Ms. Brenda L. Romine, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, undated, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, Medical Consultant, dated 6 Jul 01.
     Exhibit D.  Letter, AFPC/DPPD, dated 24 Jul 01.
     Exhibit E.  Letter, SAF/MIBR, dated 3 Aug 01.




                                   PATRICK R. WHEELER
                                   Panel Chair




AFBCMR 01-00996




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  be corrected to show that:

            a.  On 18 Apr 00, the applicant was found unfit to perform
the duties of his office, rank, grade or rating by reason of physical
disability incurred while entitled to receive basic pay; that his
diagnosis was for an anxiety disorder, not otherwise specified, VASRD
Code 9413, rated at 10 percent disabling; that the disability may be
permanent; that the disability was not due to intentional misconduct
or willful neglect; that the disability was not incurred during a
period of unauthorized absence; that the disability was not incurred
during a period of national emergency; and that the disability was not
received in line of duty as a direct result of armed conflict.

            b.  Any and all references to asthma in the applicant’s
military personnel and medical records be removed and replaced with
the words “reactive airway disease.”






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency


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