RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03406
            INDEX NUMBER:  108.00
      XXXXXXXXXXXXXX   COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be restored to the Temporary Disability Retired List (TDRL) for  18
months to undergo a program of treatment and evaluation.

At the end of his 18 months of evaluation,  he  be  reevaluated  by  a
Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) and
be continued on the TDRL or removed and separated with a rating of 30%
or higher as prescribed by the Veterans  Administration  Schedule  for
Rating Disabilities (VASRD).

He be paid all backpay and allowances from 11 Mar 02 to the date he is
restored to the TDRL.

_________________________________________________________________

APPLICANT CONTENDS THAT:

An erroneous evaluation by an MEB and incorrect rating given him by  a
PEB resulted in his unjust separation from the Air Force.

He was placed on the TDRL on 18 Oct 00 with reevaluation in 18 months.
 His TDRL reevaluation was accomplished on 3 Jan 02 and resulted in  a
final diagnosis of  “296.56--Bipolar  Disorder,  most  recent  episode
depressed, in full remission.”  The evaluating physician  stated  that
one of his medications had  been  discontinued  eight  months  earlier
without “adverse effect.”  Additionally, the physician had  prescribed
a tapering plan of the medication Celexa  leading  to  discontinuation
altogether.  On    18  Jan  02,  a  PEB  diagnosed  him  with  Bipolar
disorder with history of psychotic features rated at zero percent  and
recommended that he be discharged  with  severance  pay  with  a  zero
percent compensable disability rating.

His separation was unjust because it  occurred  in  the  middle  of  a
course of treatment and his rating  was  less  than  30%  because  the
physician had taken him off all medication giving the appearance  that
he was perfectly normal.  The separation was also in error in that  he
had been removed from all medication as a basis  for  determining  the
medication threshold that  was  appropriate  to  his  condition.   His
condition requires constant medication  forever.   Approximately  five
weeks after his discharge and discontinuation of  medication,  he  was
hospitalized with a “full blown  manic  episode,”  occurring  off  all
medication.  The same physician that rendered  the  TDRL  reevaluation
made this diagnosis.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 29 May  96.   On
13 Jan 00, he was found naked and confused  in  his  car  by  civilian
police.  After hospitalization at Walter Reed Army Medical Center,  an
MEB was initiated on 25 Feb 00.  The MEB determined that the applicant
was medically unacceptable  and  referred  him  to  a  PEB  for  final
determination.  On 18 Apr 00, the applicant requested that all actions
regarding his PEB  be  suspended  due  to  failure  by  his  attending
physicians to comply with Air Force instructions.  The  applicant  was
subsequently provided care through the Malcolm  Grow  Medical  Center.
On 25 Jul 00, another MEB was convened.  The applicant  was  diagnosed
with Bipolar Disorder with psychotic features of grandiose  delusions.
It was recommended that his case be forwarded to  a  PEB  for  further
evaluation.  On  11  Aug  00,  the  PEB  established  the  applicant’s
diagnosis as Bipolar Disorder with Psychotic features  and  found  him
unfit.  It was recommended that he  be  placed  on  the  TDRL  with  a
disability rating of 30%.  On 28 Aug 00, the applicant agreed with the
findings and recommended disposition of the PEB and waived  his  right
to a formal board.  The applicant was placed on the TDRL on 18 Oct 00.
 On 3 Jan 02, the applicant’s placement on the TDRL  was  reevaluated.
It was determined that the applicant’s illness was in full  remission.
On 18 Jan 02, a PEB recommended that the applicant be discharged  with
severance pay with a zero percent compensable disability  rating.   On
15 Feb 02, the applicant concurred with the  recommended  findings  of
the PEB.  On 11 Mar 02, the applicant was removed from  the  TDRL  and
discharged in the grade of captain by reason  of  physical  disability
with entitlement to severance pay.

The applicant received three officer performance reports (OPRs) during
his time on active duty.  The last report closed out on   18  Apr  99.
The reports reflect superior performance.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial  of  the  applicant’s
requests.  Bipolar disorder is a recurrent disorder marked by a course
of relapses and remissions.  More  than  90%  of  individuals  with  a
single manic episode experience a future episode.  Prior to  treatment
with mood stabilizing  medications,  individuals  with  this  disorder
experienced 4 episodes over 10 years.   The  majority  of  individuals
with Bipolar Type I Disorder (the applicant’s diagnosis) return  to  a
fully functional level between episodes.  However some display  inter-
episode mood lability and interpersonal or  occupational  difficulties
and some have incomplete inter-episode recovery.  The applicant has so
far exhibited good episode  recovery  and  function  characterized  as
“full remission” but has demonstrated his  risk  for  recurrent  manic
episodes when off of medication.

Disability ratings for conditions that make an  individual  unfit  for
military service are performed when the condition is in its  optimally
treated and stable state.  In the applicant’s case, his condition  was
completely controlled with proper medication.  There is no information
provided  that  indicates  that  his  condition  was  not   completely
controlled with medication and has not stabilized  after  the  Apr  02
episode.  Disability ratings of mental disease are based  on  loss  of
function as reflected in impaired social and industrial  adaptability.
Mental illness in remission rates  zero.   The  fact  that  a  Service
member  is  receiving  medication  and/or   psychotherapy   does   not
automatically equate with a certain level of disability.

The complete evaluation, with attachments, is at Exhibit C.

AFPC/DPPD  recommends  denial  of  the   applicant’s   request.    The
applicant’s contention that the zero percent rating from the  Informal
PEB was improper and unjust is  incorrect.   Zero  percent  disability
ratings are permitted in accordance with the VASRD  and  DODI  1332.39
when the schedule does not provide a zero  percent  evaluation  for  a
diagnostic code and when the requirements for a compensable evaluation
are not met.  In the applicant’s case,  the  IPEB  determined  a  zero
percent rating was appropriate due to his full remission on  medicated
state at the time of his reevaluation.

After their review of the applicant’s case file, they  concluded  that
the applicant was treated fairly throughout  the  military  Disability
Evaluation System (DES) process.

The complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
1 Aug 03 for review and comment within 30 days.  To date,  a  response
has not been received.

_________________________________________________________________

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 opinions and  recommendations  of  the  Air
Force offices of primary responsibility and adopt their  rationale  as
the basis for our conclusion that  the  applicant  has  not  been  the
victim of an  error  or  injustice.   Therefore,  in  the  absence  of
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 Docket  Number  BC-2002-
03406 in Executive Session on 4 September 2003, under  the  provisions
of AFI 36-2603:

      Ms. Patricia D. Vestal, Panel Chair
      Ms. Nancy Wells Drury, Member
      Mr. Robert H. Altman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 1 Jul 03.
    Exhibit D.  Memorandum, AFPC/DPPD, dated 25 Jul 03.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Aug 03.




                                   PATRICIA D. VESTAL
                                   Panel Chair