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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