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AF | BCMR | CY2003 | BC-2002-02624
Original file (BC-2002-02624.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-02624
            INDEX 108.02  108.04
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  existed-prior-to-service  (EPTS)  condition  be  changed   to   a
compensable discharge that was service aggravated/connected.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His disability did not exist prior to service. He provides a statement
from a civilian doctor who asserts that at no time prior to Aug 01 did
the applicant exhibit signs or symptoms of schizophrenia,  depression,
psychosis or other mental illness.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, an AFROTC cadet, underwent a commissioning physical  on
11 Aug 99 and was found fit. He entered active duty on 14 Jun  01  and
was assigned to Vandenberg  AFB,  CA  as  a  student  in  the  missile
program.

A Vandenberg  AFB  mental  health  clinic  entry,  dated  31  Aug  01,
indicates  the  applicant  was  referred   by   his   supervisor   for
administrative concerns. The applicant had failed  several  exams  and
reported difficulty handling the “physical stress” and keeping  up  in
class. Follow-up visits occurred on 4 and 6 Sep 01 and indicate he was
experiencing depression,  anxiety,  agitation,  confusion,  isolation,
obsessive  rumination  and  fatigue.  Diagnosis  on  6  Sep   01   was
schizotypal personality disorder.

On 25 Sep 01, he was eliminated from  training  for  failure  to  meet
course standards.

A 30 Nov 01 medical entry reflects the applicant’s  section  commander
accompanied  him  as  an  emergency  walk-in  because  of   perceptual
problems,  including  visual  and  auditory  hallucinations.  He   was
admitted to the hospital on 1 Dec  01.  Diagnosis  on  6  Sep  01  was
schizotypal personality disorder.

A Medical Evaluation Board (MEB) summary  dated  19  Dec  01  provides
additional details and diagnosed the applicant as having  a  psychotic
disorder, not otherwise specified (NOS). Prognosis  was  guarded.  The
applicant was released on 21 Dec 01 and placed on convalescent leave.

An MEB convened on 3 Jan 02 and subsequently referred the  case  to  a
Physical Evaluation Board (PEB) for psychotic disorder. A  history  of
substance abuse was noted. On 22 Jan  02,  the  applicant’s  commander
recommended separation.

An Informal Physical Evaluation Board (IPEB) convened on  27  Mar  02.
The IPEB determined his psychotic disorder, NOS, to be unfitting, EPTS
and not service aggravated.  The  board  recommended  discharge.   The
applicant disagreed and requested that a Formal PEB (FPEB)  adjudicate
his case.

On 2 May 02, the FPEB  agreed  with  the  IPEB’s  findings  (psychotic
disorder, NOS, EPTS, history of substance abuse)  and  recommendation.
The applicant did not concur and elected to submit a written  rebuttal
to the Secretary of the Air Force Personnel Council (SAF/MRBP).

On 11 Jun 02, SAF/MRBP advised HQ AFPC/DPPDS that the applicant should
be discharged under other than Chapter  61,  title  10,  USC,  as  his
condition was found not in the line of duty and EPTS  without  service
aggravation.

The applicant was honorably discharged in the grade of 2nd  lieutenant
for disability, EPTS, on 9 Jul 02 with 1 year and 26  days  of  active
service.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant provides a  lengthy  discussion  of  the
case. He notes that when the onset  of  manifestations  of  a  chronic
disease is so soon after entering active duty that the  disease  could
not have originated in so short a period of time (within 180  days  of
entering service), it is presumed to have EPTS. It  is  apparent  that
the applicant’s condition became considerably worse  while  on  active
duty. The stress of  entering  military  service  no  doubt  played  a
significant role. Other stresses would have produced the  same  result
and it could be argued that this was the natural  progression  of  his
condition that was coincident with service.  Whether  any  aggravation
that occurred was permanent or  not  cannot  be  determined  from  the
available information. The preponderance of  the  evidence  leads  the
Consultant to conclude that the applicant had  preexisting  conditions
that largely contributed to his  psychosis.  The  stress  of  military
service was the “straw that broke the camel’s back” in what appears to
be a more chronic condition consistent  with  the  natural  course  of
evolving schizophrenia. To the extent that this is a  chronic  illness
and that it did manifest while on active duty,  aggravation,  possibly
permanent, can be proposed and the benefit of the doubt can go to  the
applicant in this regard. The Consultant  recommends  the  records  be
changed to EPTS with service aggravation with  severance  pay  at  10%
after subtracting for EPTS factors and natural progression.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPD also  discusses  the  case  at  length.  The  IPEB  again
reviewed the file and noted that the pre-existence of the  applicant’s
mental health condition was not in question but rather whether or  not
the condition was aggravated by  his  military  service  and,  if  so,
whether that aggravation was  permanent.  The  IPEB  opined  that  the
applicant’s manifestation  was  a  natural  progression  of  his  pre-
existing condition and would have occurred regardless of his  military
status.  Further,  permanent  aggravation  was  doubtful.  The  IPEB’s
position was that  the  manifestation  of  the  applicant’s  psychotic
disorder was an unavoidable consequence of being placed in a  somewhat
stressful position,  regardless  of  whether  it  was  a  military  or
civilian setting. The board believed his condition  could  be  treated
for a fully  functional  life  in  the  civilian  environment.  DPPD’s
consensus is that the applicant’s psychotic disorder was  a  condition
which existed prior to his entrance into service and that it  was  not
aggravated due to his military service. Denial is recommended.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 22 Nov 02 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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 error or injustice to warrant partial  relief.  After
carefully reviewing the available evidence  and  the  conflicting  Air
Force recommendations,  we  are  persuaded  that  the  AFBCMR  Medical
Consultant makes the more compelling argument.  In  this  regard,  the
applicant appears to have  had  preexisting  conditions  that  largely
contributed to his psychosis. The onset of initial symptoms within two
months of entry into active duty, the reported history of hallucinogen
use prior to service  and  the  nature  of  the  psychosis  appear  to
indicate that drug use and personality disorder were the  overwhelming
causation of his problems. His  condition  became  considerably  worse
while on active duty. Other stresses  would  have  produced  the  same
result and it could be argued that this was the natural progression of
his condition that was coincident with military service.  However,  we
agree with the AFBCMR Medical Consultant’s opinion that the stress  of
military service may have been the “straw that broke the camel’s back”
in what appears to be a more chronic  condition  consistent  with  the
natural course of evolving schizophrenia. As a  chronic  illness  that
manifested itself while on active duty, possibly permanent aggravation
can be proposed and  the  benefit  of  the  doubt  should  go  to  the
applicant in this respect.  We  therefore  recommend  the  applicant’s
records be changed to reflect that  the  EPTS  condition  was  service
aggravated and he be separated with severance  pay  at  10%  with  the
appropriate  Separation  Program  Designator  (SPD)  and  reenlistment
eligibility (RE) codes.

_________________________________________________________________

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 8 July 2002, he was found unfit to perform the duties  of
his office, rank, grade or rating by  reason  of  psychotic  disorder,
disability rating 10%, VASRD Code 9210; that the degree of  impairment
may be permanent; that the EPTS condition was service aggravated; that
the disability was  not  due  to  intentional  misconduct  or  willful
neglect; that the disability was  not  incurred  during  a  period  of
unauthorized absence; and the disability was not received in the  line
of duty as  a  direct  result  of  armed  conflict  or  caused  by  an
instrumentality of war.

      b.  On 9 July  2002,  he  was  honorably  discharged  under  the
provisions of AFI 36-3212 and Title 10, USC, Section 1203, Disability,
Entitled to Disability Severance Pay with a 10% disability rating, and
was issued a Separation Program Designator code of “JFL”  rather  than
“JFM,” and a reenlistment eligibility code of “2Q.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 20 February 2003, under the provisions of AFI 36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Mary J. Johnson, Member
                  Mr. James A. Wolffe, Member

All  members  voted  to  correct  the  records,  as  recommended.  The
following documentary evidence relating to AFBCMR  Docket  Number  02-
02624 was considered:

   Exhibit A.  DD Form 149, dated 12 Aug 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated 7 Oct 02.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 18 Nov 02.
   Exhibit E.  Letter, SAF/MRBR, dated 22 Nov 02.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR 02-02624


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 8 July 2002, he was found unfit to perform the duties of
his office, rank, grade or rating by reason of psychotic disorder,
disability rating 10%, VASRD Code 9210; that the degree of impairment
may be permanent; that the EPTS condition was service aggravated; that
the disability was not due to intentional misconduct or willful
neglect; that the disability was not incurred during a period of
unauthorized absence; and the disability was not received in the line
of duty as a direct result of armed conflict or caused by an
instrumentality of war.

      b.  On 9 July 2002, he was honorably discharged under the
provisions of AFI 36-3212 and Title 10, USC, Section 1203, Disability,
Entitled to Disability Severance Pay with a 10% disability rating, and
was issued a Separation Program Designator code of “JFL” rather than
“JFM,” and a reenlistment eligibility code of “2Q.”





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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