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
AF | BCMR | CY2003 | BC-2001-02424
The Board noted that the applicant was diagnosed with adjustment and personality disorders, but a determination was made by the evaluator that she did not have a psychiatric disorder that warranted disposition by a medical evaluation board, and that her personality disorder did not significantly impair her ability to adapt to military service. In view of the fact that the applicant’s symptoms were very mild at the time of her mental health evaluation, and the presence of a pre-morbid...
AF | PDBR | CY2013 | PD2013 00923
Post hospitalization note, 29 December 2008, recorded improvement in mood symptoms, noted stability of symptoms with medication, and recorded a diagnosis of “cognitive deficits NOS”, PTSD chronic, with a rule out of psychotic depression. 3 June 2009, approximately 1-year after separation, the VA increased disability rating to 70% for the conditions of psychosis with cognitive disorder and residuals of brain lesion (claimed as dermoid cyst, cognitive problems, speech problems, traumatic...
AF | BCMR | CY2003 | BC-2002-03829
Her problems were incompatible with military service and her past medical history included a variety of pelvic and gynecological conditions that were estimated to be present for three years and would likely be the source of her pelvic pain. ________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant notes that, although the MEB indicated the applicant’s conditions had not EPTS, the IPEB concluded otherwise. The Consultant gives a...
ARMY | BCMR | CY2004 | 20040004366C070208
The applicant requests that his records be corrected to show that his disability did not exist prior to service (EPTS), that it was service aggravated, and, in effect, that he be granted a medical retirement with a 100 percent disability rating. Counsel further states that the PEB's finding that the applicant had a long history of hospitalizations for psychiatric disturbances and schizoid traits is not supported by the applicant's records. The applicant's civilian medical history indicated...
AF | PDBR | CY2009 | PD2009-00723
The Medical Board recommends that this member's case be referred to the Central Physical Evaluation Board.” There was a final military treatment note on 25 May 2007, one week before separation, noting that the CI felt better than any time in the last year, with no hallucinations or other signs of psychosis. The Board additionally noted that the diagnosis of schizoaffective disorder was made prior to military discharge, and that the NARSUM psychiatric examiner stated, “The patient is unfit...
AF | PDBR | CY2010 | PD2010-00529
In the seven months since the previous C&P exam, the CI had been hospitalized once for command hallucinations and suicidal ideation. Subsequent VA records indicate the CI was hospitalized at least four more times in 2006-2008 with hallucinations and suicidal ideation, with GAFs ranging from 20 to 58. The Board determined, therefore, that none of the stated conditions were subject to Service disability rating.
AF | PDBR | CY2012 | PD2012 01973
The FPEB’s DA Form 199 cited “symptoms are controlled by continuous medication” as a 10% criterion of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD); and “rated as mild social and industrial impairment” referencing AR 635-40 (derived in turn from Department of Defense Instruction [DoDI] 1332.39).The GERD condition was determined to be not unfitting by the IPEB, but not specifically adjudicated by the FPEB (assumed to be an erroneous omission and a de facto adjudication as not...
AF | BCMR | CY2003 | BC-2001-02632
The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states as defined in Title 38, the term "incurred in combat with an enemy of the United States or caused by an instrumentality of war and incurred in the line of duty during a period of war" applies to his service- connected rating from the DVA. DPPD stated that he reviewed and agreed that his disability was not a direct result of war...
AF | PDBR | CY2013 | PD2013 00743
The PEB adjudicated “anxiety disorder, not otherwise specified (NOS)”as unfitting, rated 10% with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). The CI is eligible for PDBR review of his conditions that were evaluated by the PEB. SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for AR20130019206 (PD201300743) I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD PDBR) recommendation and...
NAVY | BCNR | CY2002 | 04738-01
The Petitioner appears to have suffered clinically from a Schizoid Personality Disorder since childhood, Paranoid Schizophrenia approximately eight years after his administrative separation from the Navy via a Board of Medical Survey. was admitted to Navy station Hospital tarily had not talked or moved secondary to not wanting #3002. and that the best diagnosis for his difficulties at this time is that of bipolar disorder, mixed type.” Dr. Plattner also noted that the veteran is “severely...