RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2001-02693
                                (Case 2)
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The authority and reason for his Air National Guard  (ANG)  separation
be  revoked.   In  addition,  that   his   “Ineligible”   reenlistment
eligibility rating be changed.

Should his record be corrected, he be reinstated to the ANG,  with  no
break in service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He may have been misdiagnosed as having a seizure disorder.

In support of his request, the applicant submits a copy  of  a  letter
from the Department of Veterans Affairs (DVA) and  copies  of  medical
statements.  The applicant’s complete submission, with attachments, is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Air National  Guard
(ANG) in the grade of airman basic (E-1) on 21 Nov 86 for a period  of
six years.  He was  progressively  promoted  to  the  grade  of  staff
sergeant (E-5), with an effective date and date of rank of 17 Jun  91.
He continued to reenlist in the ANG, with  his  last  reenlistment  on
20 Nov 97.

On 1 Feb 01, the  applicant  was  relieved  from  his  assignment  and
honorably discharged from the New Mexico ANG  and as a Reserve of  the
Air   Force   under   the   provisions   of   AFI   36-3209   (Medical
Disqualification for Worldwide Duty).  He had completed a total of  14
years, 3 months and 25 days of service for pay and was serving in  the
grade of E-5 at the time of discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPFP recommends the application  be  denied.   DPFP  stated  that,
after being diagnosed with  a  seizure  disorder,  the  applicant  was
discharged from the New Mexico Air National Guard on 1  Feb  01.   The
applicant’s case was presented before a Medical Evaluation Board (MEB)
and a decision was  rendered.   The  applicant  did  not  respond  nor
challenge the evaluation board’s decision.  DPFP indicated that  there
is  insufficient  medical  documentation   supporting   an   incorrect
discharge.       If       pursuing       reinstatement,       specific
information/evaluations are required.  Upon receipt of the  additional
documentation and if it is then determined  a  misdiagnosis  occurred,
the state could request a new MEB.  If the applicant is found fit  for
duty at this time and the unit in question supports the  decision,  it
is possible the applicant would be allowed to rejoin the ANG; however,
the break in service would remain.   The  ANG/DPFP  evaluation  is  at
Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  31
May 02 for review and response.  As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

Pursuant  to  the  Board’s  request,  the  AFBCMR  Medical  Consultant
provided the following advisory opinion.


The AFBCMR Medical Consultant recommends the  application  be  denied.
The AFBCMR Medical Consultant stated  that  the  applicant  served  on
extended active duty during the Persian Gulf War from 29 Dec 90 to  15
Apr 91, including service in the Operation Desert Shield/Desert  Storm
from 12 Jan 91 to 12 Mar 91.  He was administratively separated 1  Feb
01 due to medical disqualification for continued service  in  the  ANG
(12 years, 10 months and 28 days in the ANG, with 1 year, 4 months and
28 days on active  duty).   Review  of  service  medical  records  and
Department of  Veterans  Affairs  (DVA)  medical  records  and  rating
decision documents indicate  a  history  of  recurrent  blackouts  and
seizure like episodes since 1994 and a  diagnosis  of  Post  Traumatic
Stress Disorder (PTSD) since  1995  that  ultimately  led  to  medical
disqualification and discharge from the ANG.

The AFBCMR Medical Consultant indicates that, in Mar 94, the applicant
was evaluated for possible seizure disorder after an episode  of  loss
of consciousness resulting in a motor vehicle accident and closed head
injury while driving across country.  On 4 Jun 94,  he  reported  that
every six weeks he experienced blackouts  and  memory  lapses  lasting
four hours since his motor vehicle  accident  and  reported  that  the
neurologists at the VA suspected temporal lobe seizures.  However,  in
a Nov 94 opinion, after extensive neurology evaluation, a  neurologist
concluded that it was not likely that  the  applicant  had  a  seizure
disorder.  During the applicant’s 9 Jun 95 evaluation at  a  DVA  Post
Traumatic Syndrome Disorder (PTSD) Clinic, he  reported  that  he  had
served as an aerial gunner during the Persian Gulf  War  on  a  rescue
helicopter and was exposed to combat suffering surface fragment wounds
to the chest and legs.  Since the Gulf War, he had  difficulties  with
irritability and  other  symptoms.   He  reported  that  he  had  been
evaluated by VA mental health in 94  and  told  he  was  healthy.   He
worked as a security guard until he was laid off.  The  applicant  was
diagnosed with PTSD, with mild to  moderate  impairment.   The  AFBCMR
Medical  Consultant  indicated  that  apparently  no  report  of  this
diagnosis was made known to his ANG unit and he continued to serve  in
the ANG.  In Sep 99, the applicant reported having had  a  seizure  to
his unit and was evaluated on 8 Sep 99  for  generalized  tonic-clonic
seizure and placed on an anti-seizure medication.   He  was  evaluated
and treated for his seizure episodes  through  the  VA  and  extensive
evaluation with the  VA’s  neurology  department  is  evident  in  the
record.   Because  of  his  report  of  seizures,  the  applicant  was
temporarily medically disqualified in Sep 99 for duty  with  the  ANG.
He met a Medical  Evaluation  Board  (MEB)  on  6  May  00.   The  MEB
recommended  medical  disqualification  for  generalized  tonic-clonic
seizure and  possible  PTSD.   Based  on  this  information,  the  ANG
medically disqualified the applicant and discharged him,  effective  1
Feb 01.

In Feb 01, the applicant’s mental health  providers  and  neurologists
were reaching  the  conclusion  that  the  applicant’s  seizures  were
actually pseudo-seizures related to  either  his  PTSD  or  Conversion
Disorder that were still occurring approximately twice per  year.   An
18 Apr 01 memorandum from  the  VA  PTSD/Trauma  Clinic  provides  the
opinion that the applicant was misdiagnosed with seizure and felt that
his  physical  symptoms  were  based  on  a  motor  vehicle  accident,
psychological symptoms and nighttime manifestations of  his  Gulf  War
combat exposure.  A 22 Aug 01 VA clinic entry lists the  diagnoses  as
PTSD,  probably   childhood   related,   sub-threshold,   stable,   no
nightmares, flashbacks or panic attacks.

The AFBCMR Medical Consultant indicates that the DVA Rating Decisions,
dated 28 Aug 97, 25 Apr 00 and 14 Feb 02, deny the  applicant’s  claim
for service connection for shell fragment  wounds,  PTSD  and  seizure
disorder.  The VA based its denial of service connection in  the  fact
that there was no evidence to support the applicant’s claim of  combat
involvement.

Regardless of whether the actual cause of the seizure activity  was  a
true seizure disorder or due  to  PTSD  or  Conversion  Disorder,  the
AFBCMR Medical Consultant states that the applicant was not  medically
qualified for continued duty in the ANG.  There was no impropriety  or
inequity in his medical evaluation board  and  discharge  for  medical
disqualification.   Evidence  in  the  VA  records  indicates  ongoing
difficulties into 2001 with some improvement  so  as  to  not  require
ongoing therapy and the ability to pursue employment.  The applicant’s
PTSD was felt by his VA mental health providers to have its foundation
in childhood traumas  aggravated  by  traumatic  experiences  reported
during the Gulf War (unsubstantiated by the record resulting in denial
of service connection claim  with  the  VA).   Although  he  may  have
improved after several years of symptoms  (including  pseudo-seizure),
the applicant is at an increased risk of recurrent symptoms when again
exposed  to  traumatic  events,  including   military   combat.    The
applicant’s medical disqualification and discharge was proper and  his
history of PTSD, with pseudo-seizures, is  disqualifying  for  reentry
into the service.  Action and disposition in this case are proper  and
equitable  reflecting  compliance  with  Air  Force  directives   that
implement the law.  The AFBCMR Medical Consultant’s evaluation  is  at
Exhibit E.
_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 7 Mar
03 for review and response.  As of this date,  no  response  has  been
received by this office (Exhibit F).
_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case.
However, we agree with the opinion and recommendation  of  the  AFBCMR
Medical Consultant 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.  In this respect,  no
evidence has been presented to reflect the applicant was  not  treated
fairly and properly and that all procedures were not followed when  he
met a Medical Evaluation Board and subsequently discharged.  While  it
appears there has been some disagreement  concerning  the  appropriate
diagnosis for the  applicant’s  condition,  according  to  the  AFBCMR
Medical Consultant, seizure disorders, PTSD and  Conversion  Disorders
are disqualifying  for  continued  service.   The  applicant  has  not
provided evidence showing the contrary is the  case.   Notwithstanding
the  above,  we  note  that  ANG/DPFP  provided  the  applicant   with
additional information should he desire  to  proceed  administratively
through the  ANG  with  his  appeal  for  reinstatement.   Should  the
applicant pursue this avenue and is found fit for duty at  that  time,
the Board may then be willing to reconsider his request.  In  view  of
the above and absent evidence to the contrary, we find  no  compelling
basis to recommend granting the relief sought in this application.
_________________________________________________________________

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  this  application  in
Executive Session on 18 June 2003, under the  provisions  of  AFI  36-
2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Mr. Wayne R. Gracie, Member
                  Mr. Billy C. Baxter, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2001-02693.

   Exhibit A.  DD Form 149, dated 19 Sep 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ANG/DPFP, dated 14 May 02.
   Exhibit D.  Letter, SAF/MRBR, dated 31 May 02.
   Exhibit E.  Letter, BCMR Medical Consultant, dated 27 Feb 03.
   Exhibit F.  Letter, AFBCMR, dated 7 Mar 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair