RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03647
INDEX NUMBER: 145.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for discharge be changed from secretarial authority to
a medical/disability discharge or medical condition existing prior to
service discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been medically discharged.
In support of his request, the applicant submits a personal statement, and
a copy of AFHQ Form 0-2077, Air Force Discharge Review Board Hearing
Record.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty 17 September 1997, completed basic
training, became a Financial Management Apprentice and was assigned to
Nellis AFB as a Travel Pay Technician. In May 1999, he received a referral
enlisted performance report (unsatisfactory performance) with narrative
comments that included: "Sporadic performer capable of satisfactory mission
accomplishment under continual close supervision; repeated careless errors
caused by inattention to detail that required 100 percent audit of claims;
Demonstrated an inability to maintain minimum duty requirements when
personal problems arose, absented self from assigned duty section to take
care of personal matters without advising superiors." A 9 February 1999
performance feed back form indicated satisfactory performance. On 17
November 1998, he received an Armed Forces Traffic Ticket for driving with
an expired temporary registration. On 17 February 1999, he received a
Record of Individual Counseling for receiving and forwarding inappropriate
email. On 15 September 1999 he failed to report for M-16 qualification
training and received a Letter of Reprimand on 20 September. On 15
September 1999 he failed to inform his supervisor of his whereabouts. He
reported to work with his son who was sick. He was directed to take the
child to the hospital and call back after lunch to update his supervisor.
He did not call back as instructed and received a Record of Individual
Counseling (ROIC) on 21 September 1999. On 17 September 1999 he
was derelict in his duties (violation of Article 108, wrongful disposition,
failed to attach passenger receipts to the retained copy of the travel
claim; receipts valued at $1,541 were found in his shred box) and received
a ROIC on 22 September. On 13 October 1999, he disobeyed a lawful order to
complete all of the travel vouchers on his desk before departing his work
center and was punished with an Article 15 on 8 November 1999. He was also
counseled on 13 October 1999 regarding his financial obligations and
ordered to pay support for his dependent son. On 22 October 1999, he
failed to accurately process travel claims in a timely manner. In his
recommendation for discharge, the applicant's commander points out his
reason for discharge was not merely the misconduct in September and October
1999, but also on the entire record of substandard duty performance and the
numerous opportunities afforded for improvement.
The applicant submitted a statement in response to his commander's
discharge action dated 26 January 2000, requesting that he be retained in
the Air Force because he had resolved all of his personal problems relating
to his mother's illness in March 1999 and suspecting that his wife had been
cheating on him. In his discharge package are numerous letters from co-
workers indicating a work climate with low morale and a perception that the
applicant was singled out. Numerous co-workers signed a petition asking
for his retention. A letter from his direct supervisor indicates
lackluster performance with some potential for improvement.
The applicant was administratively discharged for misconduct, minor
disciplinary infractions, under the provisions of AFI 36-3208, on 8
February 2000 with a general (under honorable conditions) discharge. His
discharge was upgraded to Honorable and the reason for discharge changed to
Secretarial Authority by the Air Force Discharge Review Board on 30
November 2001, based in large part on mitigating medical and mental health
issues.
_________________________________________________________________
AIR FORCE EVALUATIONS:
The BCMR Medical Consultant recommends denial. Review of the service
medical record finds that the applicant was experiencing depressed mood,
anger and anxiety and first presented to the mental health clinic on 20
August 1999 where a history of occupational problems including a referral
EPR was noted. He was diagnosed as an Adjustment Disorder and Occupational
Problem and began therapy. In early September he was hospitalized for a
suicide gesture (inpatient records are not available for review, nor is a
narrative summary present in the available records) and was treated with an
anti-depressant medication (Paxil) and an anti-anxiety medication
(Klonopin). On follow up visits 21 and 22 September the applicant reported
tolerating his medications without problem and had experienced marked
improvement in his anxiety. His diagnoses at that time included Major
Depressive Disorder, single episode, resolving; Panic Disorder; and
Occupational Problems. His treatment plan included continued medication,
therapy and psychologic testing.
On follow up to the mental health clinic (Command Directed Mental Health
Evaluation), 30 September 1999, the diagnosis was Major Depressive Episode
with Anxiety. The evaluating psychiatrist also noted a long history of
social difficulties and isolation and diagnosed maladaptive personality
traits (on Axis II of the formal psychiatric diagnosis) of Avoidant and
Dependent features. He was recommended to continue group therapy to address
isolation and coping skills.
A 7 October 1999 Mental Health Clinic record entry documenting a telephone
encounter recorded that the applicant had stopped taking his Paxil1.5 weeks
earlier because of feeling sad and sedated. However, the mental health
provider attributed those symptoms to a muscle relaxant the applicant had
been prescribed for back pain relating to a motor vehicle accident. The
applicant revealed that he had received a Letter of Counseling and a Letter
of Reprimand and that he attributed these to the Paxil. The mental health
provider wrote: "I indicated that this was unlikely as the reasons for his
administrative actions were secondary to his own behaviors and not a side
effect of the medication. Patient demonstrating characterological overlay,
poor insight and judgment". The mental health clinic record entry, 18
October 1999, indicated the applicant reported no anxiety or panic attacks
and improving mood (still off of medication). The 19 November 1999 Mental
Health Clinic record entry indicated continued participation in group
therapy but problems with "little insight into his behavior." This medical
record entry explicitly addressed his fitness for duty from a mental health
perspective "Military Status: World Wide Qualified, Profile S-1, Duty
Restrictions: None". At no time did his mental health providers indicate
that his emotional condition warranted medical evaluation board for
unfitting conditions, nor is there documentation that they recommended
administrative discharge for unsuitability due to adjustment or personality
disorder.
The applicant was experiencing other health concerns in the fall of 1999 as
well. He was involved in two motor vehicle accidents, 23 September 1999
and 23 December 1999 resulting in low back and neck pain due to muscle
strain, requiring physical therapy, muscle relaxants and analgesic
medications. He was evaluated by orthopedic surgery on 7 February 2000 and
was documented to have a normal examination and that no further therapy was
needed and full recovery was expected. On 25 October 1999 he underwent
surgery for nasal septum reconstruction for a deviated nasal septum with a
normal post-operative recovery.
Review of the service medical record confirms that the applicant had a
variety of health concerns overlapping with the period of time of the
majority of his occupational problems that led to his discharge. None of
the medical issues, including the mental health issues were unfitting for
continued service and did not warrant referral into the Air Force
Disability System at the time of his administrative discharge.
Action and disposition in this case are proper and equitable reflecting
compliance with Air Force directives that implement the law.
The BCMR Medical Consultant’s evaluation is at Exhibit C.
AFPC/DPPD recommends denial. The applicant failed to provide medical
documentation to corroborate that an injustice occurred during the period
of his involuntary administrative discharge process that would justify a
change to his records to reflect he was awarded a disability discharge
under provisions of Chapter 61, Title 10, USC.
In order to qualify for a disability discharge, the applicant would have
had to attain a serious or life threatening medical condition prior to his
release from active duty. Applicant’s record failed to show this occurred.
Medical documents reflect the veteran was reasonably capable of performing
the duties of his office, grade, rank, or rating right up until his release
from active duty from the Air Force. This is verified in a Mental Health
group treatment conducted on 19 November 1999, which reflects him as
qualified for worldwide duty with no duty restrictions. Records also
include a report of medical assessment (DD For 2697), which medically
clears him for release from active duty.
The DPPD evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
He states that he is confident that if the BCMR would review his records
again that it would conclude that he should have initially been medically
discharge. He was suffering from clinical depression that played a major
part in his disciplinary infractions that ultimately led to his discharge.
He does not understand why attempted suicide is not considered a life
threatening condition. The car accident he was involved in resulted in a
serious injury to his back and neck.
He also had surgery to correct a nasal septum. He also visited sick call
numerous times due to nausea and dizziness.
His complete submission, with attachments, is at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice with regard to the processing procedures
used when the applicant was separated from active duty. The Board is of
the opinion, that since the applicant was experiencing mental health issues
during the time which preceded his administrative discharge, that included
hospitalization for several days for a suicide gesture, and a diagnosis
with an adjustment disorder, it would have been more equitable to refer him
to a Medical Evaluation Board (MEB) or to base his discharge on his
diagnosed adjustment disorder that interfered with his ability to function
effectively in the military environment. In view of the medical problems,
which were apparent, we believe he should be afforded a full MEB to resolve
any doubt concerning his medical condition and his qualification for
worldwide service. Therefore, the Board recommends that he be processed
through the disability evaluation system and the results forwarded to the
Air Force Board for Correction of Military Records (AFBCMR) at the earliest
practical date. Upon receipt of these results, the AFBCMR will determine
if any further corrective action is required on behalf of the applicant.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
Invitational travel orders be issued by competent authority to APPLICANT,
for the purpose of undergoing a physical examination and review by the
Medical Evaluation Board (MEB), the physical Evaluation Board (PEB) and the
Physical Evaluation Board (PEB), if necessary, to determine his medical
condition as of 8 February 2000; and, that the results of the evaluation be
forwarded to the Air Force Board for Correction of Military Records at the
earliest practical date so that all necessary and appropriate actions may
be completed; and, that all changes for the physical examination be, and
hereby are waived.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 1 July 2003, under the provisions of AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Ms. Marilyn Thomas, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2002-03647:
Exhibit A. DD Form 149, dated 5 Nov 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 24 Feb 03.
Exhibit D. Letter, AFPC/DPPD, dated 17 Apr 03.
Exhibit E. Letter, SAF/MRBR , dated 25 Apr 03.
Exhibit F. Letter, Applicant, dated 18 May 03, w/atchs.
BRENDA L. ROMINE
Panel Chair
AFBCMR BC-2002-03647
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 APPLICANT, be corrected to show that invitational travel orders
were issued by competent authority for the purpose of evaluation by a
Medical Evaluation Board (MEB) and a Physical Evaluation Board (PEB), if
necessary to determine his medical condition as of 8 February 2000; and,
that the results of the evaluation be forwarded to the Air Force Board for
Correction of Military Records at the earliest practicable date so that all
necessary and appropriate actions may be completed; and, that all charges
for the physical examination be, and hereby are, waived.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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