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AF | BCMR | CY2003 | BC-2002-03647
Original file (BC-2002-03647.doc) Auto-classification: Approved

                            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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