RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 01-02261

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he is eligible to reenlist.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Despite the  fact  that  he  was  found  fit  for  duty  by  three  separate
physicians, as well as a Physical Evaluation Board (PEB), he was  discharged
for being unfit for duty.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 4 March 1996, the applicant reenlisted in the Regular  Air  Force  for  a
period of 6 years in the grade of staff sergeant (E-5).

On 25  July  1997,  the  applicant  was  permanently  decertified  from  the
Personnel Reliability Program  (PRP)  based  on  a  medical  evaluation  and
diagnosis of anxiety disorder and possible panic attacks.

While serving as a nuclear weapons specialist, the  applicant  was  referred
to an Medical Evaluation Board (MEB) by his family practice physician  after
receiving treatment  for  a  severe  anxiety  disorder  and  possibly  panic
attacks with agoraphobia.

On 19 August 1997, an MEB  convened  to  determined  whether  the  applicant
should  be  continued  on  active  duty.   Based   on   the   diagnosis   of
anxiety/panic disorder, the  MEB  referred  the  applicant  to  an  Informal
Physical Evaluation Board (IPEB).

On 17 November 1997, an IPEB convened and based on the  diagnosis  of  panic
disorder  with  agoraphobia,  recurrent,  with   considerable   social   and
industrial adaptability impairment, Department  of  Veterans  Affairs  (DVA)
diagnostic code 9412, recommended the applicant be temporarily retired  with
a  50%  compensable  disability  rating.   The  applicant  agreed  with  the
findings and recommendations.

Effective 3 March 1998, the applicant was relieved from active duty  and  on
4 March 1998, his name was placed on the TDRL with  a  compensable  physical
disability of 50%.  The applicant completed 11 years, 6 months, and 19  days
of active service.  He was  assigned  a  reentry  code  of  “2Q”  (Personnel
medically retired or discharged).

On 10 September 1999, the applicant was evaluated while on the TDRL and  his
social and  industrial  impairment  was  described  as  severe  with  marked
military impairment.

On 20 September 1999, an IPEB convened and based on the diagnosis  of  panic
disorder with  agoraphobia,  definite  social  and  industrial  adaptability
impairment,  DVA  Diagnostic  Code  9412,  recommended  the   applicant   be
permanently retired with a 30%  compensable  disability  rating.   The  IPEB
noted that his condition was not expected to  significantly  change  in  the
next several years.  The applicant did not agree with the IPEB findings  and
requested an FPEB be convened.

On 22 November 1999, a Formal Physical Evaluation Board (FPEB) convened  and
based on the diagnosis of panic disorder with agoraphobia,  definite  social
and  industrial  adaptability  impairment,   DVA   Diagnostic   Code   9412,
recommended the applicant be retained on the TDRL  with  a  30%  compensable
disability rating.  The FPEB noted that their decision to retain him on  the
TDRL was based solely on  his  recent  decline  in  school  precipitated  by
transient stressors and, upon reevaluation  in  18  months,  they  would  be
interested in seeing his medical records while on the TDRL as  well  as  his
level  of  compliance.   The  applicant  agreed  with   the   findings   and
recommendations.

On 12 February 2001, the applicant was evaluated while  on  the  TDRL.   The
examining physician found  the  applicant  to  be  worldwide  qualified  and
recommended he be  retained.   His  social  and  industrial  impairment  was
considered mild, with minimal military impairment.   The  physician  further
indicated that the applicant’s functioning was very good and that  he  might
do well if returned to active duty status except for  his  weight  remaining
at 290 pounds.

On 13 March 2001, an IPEB convened and  based  on  the  diagnosis  of  panic
disorder  with  agoraphobia,  mild  social   and   industrial   adaptability
impairment,  DVA  Diagnostic  Code  9412,  recommended  the   applicant   be
discharged with severance pay, with a  10%  compensable  disability  rating.
The IPEB noted that the applicant’s medical  condition  had  improved  since
being placed on the TDRL and appeared to  have  stabilized.   The  applicant
did not agree with the findings and recommendation of the IPEB.

On 1 May 2001, an FPEB convened and based on the  diagnosis  of  history  of
panic disorder and agoraphobia,  mild  social  and  industrial  adaptability
impairment,  DVA  Diagnostic  Code  9412,  recommended  the   applicant   be
discharged with severance pay, with a  10%  compensable  disability  rating.
The applicant agreed with the findings and recommendations of the FPEB.

On 25 May 2001, the Secretary of  the  Air  Force  Personnel  Board  (SAFPB)
agreed that the medical evidence indicated that  the  applicant’s  condition
was permanent, relatively stable on present  medication  management  program
and, continued to render him unfit for active military service.  In view  of
this, the SAFPB directed that his name be removed from the TDRL and that  he
be medically discharged, with severance pay.

The applicant’s name was removed from the TDRL on 24 June 2001, and  he  was
discharged  by  reason  of  physical  disability  with  entitlement  to  10%
severance pay.  He completed 14 years, 10  months  and  10  days  of  active
service.

_________________________________________________________________

AIR FORCE EVALUATIONS:

The BCMR Medical Consultant states, in part,  that  the  applicant  received
full  and  impartial  consideration  during   his   disability   processing.
Furthermore, the SAFPB thoroughly reviewed  all  aspects  of  his  case,  to
include prior decisions, his current status,  and  medical  recommendations.
The nature of the positions  for  which  the  applicant  was  trained  would
virtually all require PRP certification, a requirement  that  could  not  be
met while the applicant  was  still  requiring  medication.   An  additional
consideration was  the  fact  that  the  applicant  was  not  within  Weight
Management Program (WMP) standards and had exceeded  these  standards  while
still on active duty.  The SAFPB voiced concern that he would  not  be  able
to meet such standards for enlistment were he to  be  deemed  otherwise  fit
for duty.  While the applicant had made significant  strides  in  overcoming
his panic disorder with  medication  and  intermittent  follow-up  over  the
three years he was on the TDRL,  the  fact  that  he  was  still  considered
mildly impaired  for  social  and  industrial  considerations  made  SAFPB’s
decision proper and without prejudicial error.  Therefore, the BCMR  Medical
Consultant is of the opinion that no change in the records is warranted  and
recommends denial of his request.

The BCMR Medical Consultant evaluation is at Exhibit C.

AFPC/DPPD states, in part, that  the  purpose  of  the  military  disability
evaluation system is to maintain a fit and  vital  force  by  separating  or
retiring members who are unable to  perform  the  duties  of  their  office,
grade, rank, or rating.  Those members  who  are  separated  or  retired  by
reason of a physical disability may be eligible  for  certain  compensation.
The decision to process a member through the military disability  evaluation
system is determined by an MEB  when  the  member  is  determined  medically
disqualified for continued military service.  The  decision  to  conduct  an
MEB is made by the medical treatment facility providing health care  to  the
member.   The  applicant  was  treated  fairly   throughout   the   military
disability evaluation process.  In addition, he  was  properly  rated  under
federal disability guidelines and was afforded a full and  fair  hearing  as
required.  They find no reason  that  would  justify  that  his  records  be
corrected to include a new reentry code  to  allow  him  to  reenlist.   The
medical aspects of  the  case  are  fully  explained  by  the  BCMR  Medical
Consultant and they agree with his advisory opinion.  The applicant has  not
submitted any  documentation  to  show  that  he  was  improperly  rated  or
processed under the Air Force disability evaluation process at the  time  of
his discharge.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The Air Force evaluations were forwarded  to  the  applicant  on  23 October
2001 for review and response within 30 days.  However, as of this  date,  no
response has been received by this office.

_________________________________________________________________

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 probable error or injustice.  In this  respect,  we  note  that
based  on  the  diagnosis  of  anxiety/panic  disorder  the  applicant   was
permanently decertified from the  Personal  Reliability  Program  (PRP)  and
processed through the Disability Evaluation System  (DES).   Throughout  his
DES processing, he remained on medication.   Although  an  FPEB  recommended
that he be returned to duty and cross-trained into a non-PRP  position,  the
SAFPB concurred with the IPEB’s  recommendation  that  his  separation  with
severance pay was more appropriate due to his continued need for  medication
and treatment.  While the applicant’s anxiety/panic  attacks  have  subsided
after leaving the service, we find no evidence that  once  returned  to  the
stressors  of  active  duty  service,  his  attacks   would   not   reoccur.
Furthermore, we do not believe it would be  appropriate  to  return  him  to
active  duty  while  his  condition  requires  medication   and   treatment.
Therefore, we find no compelling basis  to  recommend  granting  the  relief
sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 28 November 2001, under the provisions of AFI 36-2603:

                  Mr. Terry A. Yonkers, Panel Chair
                  Mr. Michael V. Barbino, Member
                  Mr. Michael K. Gallogly, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Aug 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 4 Sep 01.
    Exhibit D.  Letter, AFPC/DPPD, dated 5 Oct 01.
    Exhibit E.  Letter, SAF/MRBR, dated 12 Oct 01.




                                   TERRY A. YONKERS
                                   Panel Chair