RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01790
            INDEX NUMBER:  131.00
      XXXXXXXXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

___________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report  rendered  on  him  for  the  period
17 Dec 97 through 16 Dec 98 be revised as follows:

          a.  Section VI, Rater Overall Assessment, line 9,  remove
the statement “ready for increased responsibility since  overcoming
personal challenges.”

          b.  Section VII,  Additional  Rater  Overall  Assessment,
line 5, remove the statement “ready for more  responsibility  since
overcoming personal challenges.”

By memorandum dated 5 Apr 03, applicant requested  that  the  above
requests be deleted.

He  be  awarded  back  flight  pay  for  the  period  that  he  was
disqualified from flight duty, March 1999 to July 2000.

The appropriate Promotion Recommendation Forms (PRFs) be  rewritten
as though he never received  the  Letters  of  Admonishment  (LOA),
Letter of Reprimand (LOR), and Unfavorable Information File (UIF).

By memorandum dated 5 Apr  03,  the  applicant  amended  the  above
request to request  that  the  Board  approve  replacement  of  his
original PRFs with revised PRFs, signed by his  senior  rater,  for
the Calendar Year (CY) 1999B (99B)  and  CY00A  Central  Lieutenant
Colonel Selection Boards.  He  requests  that  the  Board  consider
replacing the original PRF prepared on him for  the  CY99A  Central
Lieutenant Colonel Selection Board with  an  unsigned  PRF  he  has
provided.

He be considered for promotion to lieutenant colonel by SSB for all
promotion boards for which he was eligible.

In his memorandum of 5 Apr 03, applicant amended the above  request
and asks that he be considered for promotion to lieutenant  colonel
by Special Selection Boards (SSBs) for the Calendar Year (CY) 1999A
(19 Apr 99) (below-the-promotion-zone (BPZ)),  CY99B  (30  Nov  99)
(BPZ),  and  CY00A  (28  Nov  00)  (in-the-promotion-zone)  Central
Lieutenant Colonel Selection Boards.

___________________________________________________________________

APPLICANT CONTENDS THAT:

From the time he entered active duty in 1985 until 1997, he  was  a
happy and successful Air Force officer.   From  the  fall  of  1997
through the summer of 1999, his life  became  a  complete  disaster
with several negative actions taking place.  It was not  until  the
spring of 2000 when he was diagnosed with Graves  Disease  that  he
understood what the root cause of all his problems was.

The applicant provides an overview of  the  incidents  and  actions
that took place in his Air Force  career  and  personal  life.   He
relates that when a comprehensive review of his case  was  directed
to decide his flight status, the flight surgeon in  charge  of  his
case wanted him to have a psychiatric evaluation.  However, because
he had passed a commander directed  mental  health  exam  only  six
months before, he believed that  such  an  evaluation  was  totally
unnecessary.  He protested the decision  to  the  flight  surgeon’s
squadron commander.  He asserts  that  this  is  when  his  medical
troubles really started.  In Mar 99, despite  recommendations  from
three specialists that things would improve with treatment  of  the
hyperthyroid  state  they  had  diagnosed,   the   flight   surgeon
determined that he had  Impulse  Control  Disorder,  a  permanently
disqualifying condition, rather than hyperthyroidism, a temporarily
grounding disorder.  Applicant contends that the flight surgeon had
all of the necessary medical information and assistance to make the
right decision, but chose to ignore it  and  even  made  assertions
about his flying that were not true.

In support of his application, applicant provides  21  attachments,
which include medical information, statements of support  from  his
rating chain at the time of his problems, support from his  current
rating chain, a copy of an IG complaint and findings  made  against
the flight surgeon involved in his case, a copy of a claim for back
flight pay, a copy of his application  to  the  Evaluation  Reports
Appeal Board (ERAB), and copies of the contested OPR and PRFs.

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

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active duty in the  grade  of
major.  His Total Active Federal Military Service Date  is  29  May
85.  The applicant has two nonselections for promotion to the grade
of lieutenant colonel by the CY00A  and  CY01B  central  lieutenant
colonel promotion boards.

Additional  relevant  facts  pertaining  to  this  application  are
contained in the evaluations prepared by the appropriate offices of
the Air Force found at Exhibits C, D, and E.

___________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends that  the  Board  grant  the
applicant’s requests.

The applicant had 13 years of excellent duty performance until 1998
when he received several administrative disciplinary actions within
a six-month period due primarily to marital discord.  His  OPR  for
the period Dec 97 to  Dec  98  reflected  these  difficulties,  but
otherwise reflected continued excellent duty  performance.   During
this time, the applicant’s behavior was characterized by increasing
irritability and difficulties with  anger  control  culminating  in
concerns regarding his fitness for flying duties  on  the  part  of
family advocacy counselors and his flight surgeon.  He  was  placed
in duties not involving flying (DNIF) on 1 Feb 99 and was evaluated
by a  civilian  psychiatrist  who  diagnosed  him  with  Adjustment
Disorder  and  Impulse  Control  Disorder.   His   flight   surgeon
consulted experts at the Air Force  School  of  Aerospace  Medicine
and,  based  on  their  recommendations  for  further   evaluation,
diagnosed Hyperthyroidism on 25 Feb 99.  He promptly  referred  the
applicant for endocrinology evaluation that day.  The applicant was
diagnosed with Graves Disease and received  appropriate  treatment.
The flight surgeon questioned the psychiatrist as  to  whether  the
diagnosis of Hyperthyroidism  changed  the  original  disqualifying
diagnosis of Adjustment Disorder and Impulse Control Disorder.  The
psychiatrist did  not  feel  that  it  did.   However,  a  civilian
neurologist rendered the opinion that the hyperthyroidism  was  the
cause of the applicant’s behavior.   In  Mar  99,  the  applicant’s
flight surgeon presented all of the  medical  data,  including  the
varying opinions, to the applicant’s major command (MAJCOM).  Based
on that information, the applicant  was  disqualified  from  flying
31 Mar 99.  By the  time  a  second  flight  surgeon  submitted  an
Aeromedical Summary in Jul 99, it  had  become  apparent  that  the
hyperthyroidism had significantly contributed  to  the  applicant’s
extreme behavior and reconsideration of his  disqualification  from
flying  was  requested.   The  applicant  was   referred   to   the
Aeromedical Consultation Service (ACS) at Brooks  Air  Force  Base.
The ACS confirmed that the applicant did not have  Impulse  Control
Disorder.   In  Jul  00,  the  applicant’s   Graves   Disease   and
hyperthyroidism  were  satisfactorily   controlled   and   he   was
requalified for flight duty.

Hyperthyroidism results from an excess of thyroid hormone, and  can
result in psychologic and behavioral disturbances  that  vary  with
the degree  of  hyperthyroidism  and  the  presence  of  underlying
predispositions or conditions.  Symptoms can include hyperactivity,
anxiety,  emotional  lability  including  mood  changes,  insomnia,
difficulties  with  concentration,  and   irritability   (including
difficulty  with   anger).    Hyperthyroidism   can   significantly
aggravate preexisting mental health conditions and frank  psychosis
can occur.  The affected individual and those around them  may  not
be aware of the changes in personality and behavior since onset and
development of the condition is gradual.

The  applicant  requests  back  flight  pay  lost  while   he   was
disqualified  from   flying,   contending   that   his   condition,
hyperthyroidism did not warrant disqualification  from  flying  and
that, rather, he should have been placed in a DNIF status and  thus
continued to receive  flight  pay.   The  BCMR  Medical  Consultant
provides extracts from AFI 11-402 to show the possible  courses  of
action in situations like the  applicant’s.   He  opines  that  the
original decision to place the applicant in DNIF status on 1 Feb 99
was correct.  The  applicant’s  disqualification  from  flying  was
proper for the diagnosis of Impulse Control Disorder.  However,  he
believes, in retrospect, that the disqualification  may  have  been
premature,  particularly  in  light  of  the  conflicting  opinions
documented in the Aeromedical  Summary  requesting  reconsideration
and the evaluation by the ACS.

The BCMR Medical Consultant also opines that the  applicant  has  a
legitimate basis regarding his request  to  delete  two  statements
from his OPR and to  be  considered  for  promotion  to  lieutenant
colonel by SSB

Although action and  disposition  in  this  case  were  proper  and
equitable reflecting compliance  with  Air  Force  directives  that
implement the law at the time, a retrospective  view  of  the  case
indicates that an unforeseen set  of  administrative  circumstances
negatively impacted the applicant.

The complete evaluation is at Exhibit C.

AFPC/DPPPE recommends denial of the applicant’s requests to  revise
his OPR and PRFs.

The  applicant  requests  that  the   comments   including   “since
overcoming personal challenges” should  be  removed  from  his  OPR
because the challenges were medical in  nature  not  personal.   In
accordance  with  AFI  36-2402,  there  are  no   restrictions   or
prohibitions on considering medical conditions as related  to  duty
performance.

Regarding the applicant’s request to rewrite his  PRFs,  there  has
been no change to the record of performance and the  applicant  has
not provided new PRFs.

The complete evaluation is at Exhibit D.

AFPC/DPPPO  recommends  denial  of  the  applicant’s  request   for
promotion consideration by SSB.  Since AFPC/DPPPE recommends denial
of the applicant’s requests to change his OPR and  PRFs,  promotion
consideration by SSB is not warranted.

The complete evaluation is at Exhibit E.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his initial response to the Air Force evaluations, the applicant
requested temporary withdrawal of his case to  gather  evidence  to
respond (Exhibit G).

In his next response to the Air Force  evaluations,  the  applicant
requested that his case be reinstated.  His response to the  issues
contained in the evaluations consisted of changes to  the  requests
included in his original appeal.  He also provided three  new  PRFs
to be considered  as  replacements  for  the  original  PRFs.   The
applicant has the signature of the appropriate senior rater on  the
PRFs for the CY99B and CY00A Central Lieutenant  Colonel  Selection
Boards, but provided an unsigned  PRF  for  the  CY99A  board.   He
states that he was unable to locate his senior rater for the  CY99A
board.

The applicant’s complete response is at Exhibit H.

___________________________________________________________________

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 regarding the  applicant’s  request
to be considered for promotion by SSB for the CY99A Central  Lieutenant
Colonel Selection Board with an unsigned PRF  in  his  record  and  his
request to be awarded flight pay for the  entire  period  that  he  was
disqualified from flying.  Since the new PRF submitted by the applicant
for this promotion board is not signed, it is not evident that  he  has
the support of his senior rater to change the PRF.  Additionally, since
he withdrew his request to amend the OPR rendered on him for the period
17 Dec 97 through 16 Dec 98, there is no correction to his record  that
warrants an SSB for this board.  Regarding the applicant’s flight  pay,
the Board agrees with the BCMR Medical Consultant that, in  retrospect,
the applicant’s disqualification from flying was premature,  especially
in view of the  conflicting  opinions  documented  in  the  Aeromedical
Summary regarding the role of the hyperthyroidism on his mental  health
diagnosis.  However, the Board notes that the applicant’s treatment for
hyperthyroidism began prior to his  disqualification  from  flying  and
that the period of time before he was requalified to fly  exceeded  365
days,  the  maximum  time,  according  to  DoD   Financial   Management
Regulation, Volume 7A, Chapter 22, he could receive flight pay while in
a DNIF status.  The evidence of record does not support the  conclusion
that had the applicant been placed in a DNIF status earlier rather than
disqualified, he would not have lost flight pay as it cannot be  stated
with certainty that his medical issues would have been resolved  within
365 days.  In view of the above, we find no basis to recommend granting
this portion of the relief requested.

4.  Sufficient relevant evidence has been presented to demonstrate  the
existence of error or injustice regarding the applicant’s  request  for
promotion  consideration  by  SSB  for  the  CY99B  and  CY00A  Central
Lieutenant  Colonel  Selection  Boards.   The  Board  notes  that   the
applicant has provided revised PRFs signed by  the  appropriate  senior
rater.  The PRFs inform the promotion selection boards that use of  the
phrase “overcoming personal challenges” in his OPR closing out  16  Dec
98 should be disregarded due to the discovery of an undiagnosed Thyroid
condition as the  basis  of  his  problems.   The  evidence  of  record
supports this conclusion.  As noted above, the Board also believes  the
decision to disqualify the applicant from  flying  was  premature.   We
note that the applicant had originally been placed in a DNIF status  on
1 Feb 99 for a period of 30 days  to  enable  further  evaluation.   We
believe that given the conflicting opinions regarding the basis of  the
applicant’s problems, Impulse Control Disorder versus  hyperthyroidism,
extension of his DNIF status was warranted.  This is also supported  by
the applicant’s  subsequent  requalification  to  fly.   Therefore,  we
recommend that the applicant’s records be corrected as indicated below.

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

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

            a.  The Promotion Recommendation Form (PRF), AF  Form  709,
reviewed by the CY 99B  Central  Lieutenant  Colonel  Selection  Board,
which convened on 30 November 1999, be declared void and  removed  from
his records and replaced with the attached reaccomplished PRF, AF  Form
709, reading in Section IV, Line two, “Disregard “personal  challenges”
remarks  in  97/98  OPR--found  to  be   deadly   undiagnosed   thyroid
condition.”

            b.  The Promotion Recommendation Form (PRF), AF  Form  709,
reviewed by the CY 00A  Central  Lieutenant  Colonel  Selection  Board,
which convened on 28 November 2000, be declared void and  removed  from
his records and replaced with the attached reaccomplished PRF, AF  Form
709, reading in Section IV, Line two, “Disregard “personal  challenges”
remarks  in  97/98  OPR--found  to  be   deadly   undiagnosed   thyroid
condition.”

            c.  Aeronautical Order ---, with a request date of   13 Apr
99, be amended to reflect that the effective date  of  the  applicant’s
medical disqualification from aviation service is 31 January 2000  vice
31 March 1999 and that he was placed in a Duties Not Involved in Flying
(DNIF) status from 1 February 1999 to 30 January 2000.

It is further recommended  that  he  be  considered  for  promotion  to
lieutenant colonel by Special Selection Board (SSB) for the  CY99B  and
CY00A Central Lieutenant Colonel Selection Boards  with  the  corrected
record.

_______________________________________________________________

The following members of the Board considered Docket Number 02-01790 in
Executive Session on 4 Jun 03, under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Marcia Jane Bachman, Member
      Ms. Marilyn Thomas, Member

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

     Exhibit A.  DD Form 149, dated 17 May 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, BCMR Medical Consultant,
                 dated 12 Nov 02.
     Exhibit D.  Memorandum, AFPC/DPPPE, dated 30 Dec 02.
     Exhibit E.  Memorandum, AFPC/DPPPO, dated 4 Feb 03.
     Exhibit F.  Letter, SAF/MRBR, dated 14 Feb 03.
     Exhibit G.  Memorandum, Applicant, dated 28 Feb 03.
     Exhibit H.  Memorandum, Applicant, dated 5 Apr 03,
                 w/atchs.




                                   CHARLENE M. BRADLEY
                                   Panel Chair



AFBCMR 02-01790


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 XXXXXXXXXXX, XXX-XX-XXXX, be corrected to
show that:

            a.  The Promotion Recommendation Form (PRF), AF  Form  709,
reviewed by the CY99B Central Lieutenant Colonel Selection Board, which
convened on 30 November 1999, be, and  hereby  is,  declared  void  and
removed from his records and replaced with the attached  reaccomplished
PRF, AF Form 709, reading in Section IV, Line two, “Disregard ‘personal
challenges’ remarks  in  97/98  OPR--found  to  be  deadly  undiagnosed
thyroid condition.”

            b.  The Promotion Recommendation Form (PRF), AF  Form  709,
reviewed by the CY00A Central Lieutenant Colonel Selection Board, which
convened on 28 November 2000, be, and  hereby  is,  declared  void  and
removed from his records and replaced with the attached  reaccomplished
PRF, AF Form 709, reading in Section IV, Line two, “Disregard ‘personal
challenges’ remarks  in  97/98  OPR--found  to  be  deadly  undiagnosed
thyroid condition.”

            c.  Aeronautical Order ----, with a request date of 13  Apr
99, be amended to reflect that the effective date  of  the  applicant’s
medical disqualification from aviation service is 31 January 2000  vice
31 March 1999 and that he was placed in a Duties Not Involved in Flying
(DNIF) status from 1 February 1999 to 30 January 2000.

      It is further directed that he be considered for promotion to
lieutenant colonel by Special Selection Board (SSB) for the CY99B
and CY00A Central Lieutenant Colonel Selection Boards with the
corrected record.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Atchs
1.  Revised PRF, CY99B Board
2.  Revised PRF, CY00A Board