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AF | BCMR | CY2002 | 0101544
Original file (0101544.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 01-01544

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Air Force Specialty Code (AFSC) of K1A171C (Aircrew  Instructor,  Flight
Engineer, Performance Qualified) be reinstated as his secondary AFSC.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His AFSC of K1A171C was erroneously  withdrawn  and  improperly  documented.
In addition, the diagnosis of his condition was in error, and there  was  no
physical examination nor telephone consultation administered  as  documented
on 11 February 1999.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of  technical
sergeant (E-6).

He was permanently medically disqualified from performing flying  duties  on
15 February 1999.

His AFSC of K1A171C was withdrawn  because  he  was  medically  disqualified
from performing flying duties.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate offices of the Air Force at Exhibits C, D, G, and J.

_________________________________________________________________




AIR FORCE EVALUATIONS:

AFPC/DPPAC recommends the application be denied and states,  in  part,  that
AFSCs withdrawn using appropriate authority cannot be reinstated unless  the
original reason for withdrawal no longer exists.  The applicant’s  AFSC  was
properly withdrawn as a result of a valid medical disqualification.   Unless
the medical disqualification is determined null and  void,  reinstating  the
AFSC as an awarded AFSC is not appropriate.

The AFPC/DPPAC evaluation is at Exhibit C.

AFPC/DPAOM4 recommends the application be denied and states, in  part,  that
unlike most enlisted AFSCs, reassignment or  other  personnel  actions  that
place a member in another duty or AFSC does not by itself  constitute  cause
to completely remove the  AFSC  from  the  member’s  record.   However,  the
subject AFSC is one of several identified to Congress  as  being  designated
solely for active  aviation  service.   If  the  member  is  not  able,  not
qualified, or not medically  certified  for  active  aviation  service,  the
member cannot hold the AFSC.  The applicant may  be  concerned  that  future
application for aviation service upon reinstatement of a  Class  III  Flying
Physical will be too difficult without his record reflecting  his  secondary
AFSC as 1A171C.  However, he should ensure his Flight Evaluation  Folder  is
kept for immediate reference which will provide all of  the  required  proof
of his previous duty performance.

The AFPC/DPAOM4 evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The applicant reviewed the Air Force evaluations  and  provided  a  response
that is at Exhibit F.

The applicant states that the initial and mishandled medical  evaluation  by
the initiating flight surgeon has resulted in a  complete  collapse  of  Air
Force guidelines, instructions,  and  policies.   He  has  been  permanently
disqualified from flying in a severely  undermanned  career  field  and  his
AFSC was removed without adequate and required documentation.   Furthermore,
his personal and medical records have been tampered with while stationed  at
Yokota AB, Japan.

_________________________________________________________________







ADDITIONAL AIR FORCE EVALUATION:

AETC/SGPS recommends the application be denied and  states,  in  part,  that
the subject AFSC  was  noted  by  Congress  as  a  critically  manned  AFSC.
Furthermore, the awarding of an AFSC in any capacity  is  an  administrative
and not a medical matter.  The applicant’s condition  was  not  expected  to
resolve within six months of onset and was considered permanent for  medical
and administrative actions.  As such, he  was  medically  disqualified  from
the AFSC and it was withdrawn.  Although there may have  been  some  medical
administrative oversight in the completion of medical forms, that  will  not
change the diagnosis or the prognosis of his condition.   If  the  applicant
is found medically qualified with resolution of all of his symptoms, he  may
administratively reapply to have the AFSC awarded.

The AETC/SGPS evaluation is at Exhibit G.

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 22 March and 12 April 2002  for  review  and  response  within  30  days.
However, as of this date, no response has been received by this office.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  recommends  the  application  be  denied  and
states, in part, that under the combined stress of overseas  assignment  and
significant marital discord, the applicant developed an adjustment  disorder
with  depressed  mood.   He  had  symptoms  severe  enough  at   times   for
consideration of a  diagnosis  of  major  depressive  episode.   Over  time,
traits  and  patterns  of  behavior  consistent  with  a  diagnosis   of   a
personality disorder became  apparent  and  a  formal  personality  disorder
diagnosis was rendered.  The personality disorder  predisposed  him  to  the
development of  the  adjustment  disorder  he  experienced  while  stationed
overseas.  Since his symptoms were prolonged and not expected to improve  at
the  time  under  the   existing   circumstances,   he   was   appropriately
disqualified from flying status.  Although the adjustment disorder seems  to
have resolved, personality disorders do not resolve.  Personality  disorders
are lifelong patterns  of  maladjustment  in  the  individual’s  personality
structure which are not medically disqualifying or unfitting but may  render
the individual unsuitable for further military service and may be cause  for
administrative action by the unit commander.  Whereas, adjustment  disorders
are characterized by marked psychological distress in excess of  what  would
be expected given the nature of the  stressors,  and  frequently  result  in
significant impairment in  social  and  occupational  functioning.   Because
personality disorders are frequently exacerbated by stress,  the  additional
diagnosis  of  adjustment  disorder  is  usually  not  made.   However,  the
diagnosis  of  personality  disorder  requires  observation  over  time   to
establish and is often first diagnosed as an adjustment disorder.

The BCMR Medical Consultant evaluation is at Exhibit J.

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 19 June 2002 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 error or injustice.  After a thorough review  of  the  evidence
of record and applicant’s submission,  we  are  not  persuaded  that  relief
should be granted.  Applicant’s contentions are duly noted; however,  we  do
not find these assertions, in and by themselves, sufficiently persuasive  to
override the rationale provided by the Air Force.  The  offices  of  primary
responsibility have adequately  addressed  applicant’s  contentions  and  we
agree with their opinions and adopt the rationale  expressed  as  the  basis
for our decision that the applicant has failed to sustain  his  burden  that
he has suffered either  an  error  or  an  injustice.   Hence,  we  find  no
compelling basis to recommend granting the relief sought.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  01-01544  in
Executive Session on 15 August 2002, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Mr. Billy C. Baxter, Member
                       Mr. Philip Sheuerman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 May 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAC, dated 11 Jul 01.
      Exhibit D.  Letter, AFPC/DPAOM4, dated 31 Aug 01.
      Exhibit E.  Letter, SAF/MRBR, dated 14 Sep 01.
      Exhibit F.  Letter, Applicant, dated 13 Nov 01.
      Exhibit G.  Letter, AETC/SGPS, dated 7 Mar 02.
      Exhibit H.  Letter, SAF/MRBR, dated 22 Mar 02.
      Exhibit I.  Letter, SAF/MRBR, dated 12 Apr 02.
      Exhibit J.  Letter, BCMR Medical Consultant, dated 14 Jun 02.
      Exhibit K.  Letter, AFBCMR, dated 19 Jun 02.




                                   THOMAS S. MARKIEWICZ
                                             Vice Chair

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