RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01570
INDEX CODE 100.06 110.02
COUNSEL: None
HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of 2Q be changed so he can reenlist.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
Due to stressful situations, he requested discharge after less than two
years of service. He had asked not to be placed in medical situations
because of a blood phobia. He was nevertheless placed in Health Services
Management, where he overcame his phobia. He was frustrated by his lack of
professional opportunities, a broken engagement, and caring for his ill
mother. He believes several personal and cultural reasons led to his
misdiagnosis and he was misinformed about the consequences of this
misdiagnosis. The situation was temporary, he receives no counseling or
medication, has earned a college degree, and become a citizen. He wants to
reenlist.
In support of the appeal, the applicant submits character references and a
Hillsborough County, FL sheriff’s office certification that no criminal
record could be found. He also presents a statement from a physician who
advises the applicant has seen him for small complaints and “appears
mentally and physical stable.”
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 17 Dec 97 and was
assigned to the 959th MSGS at Wilford Hall Medical Center (WHMC), Lackland
AFB, as an emergency room administration technician. On his enlistment
medical history, he indicated he had no medical problems.
In Mar 98, the applicant was required to attend formal alcohol abuse
educational class because he was drunk on station while a student in
technical school. No diagnosis of alcohol dependence or abuse was made. He
was arrested for driving under the influence (DUI) of alcohol on 23 Aug 98.
He was referred to the Alcohol and Drug Abuse Prevention and Treatment
(ADAPT) Program. On 16 Sep 98, he self-referred to the Mental Health Clinic
for feeling sad, angry, isolated, and irritable for being in a job he did
not want. He expressed concern that what he said would affect his career
goals. He was treated at the WHMC partial hospitalization program for an
adjustment disorder with mixed features, alcohol abuse, and personality
disorder.
On 27 Oct 98, the applicant’s commander imposed an Article 15 for the DUI
incident on 23 Aug 98. The applicant made an oral and written presentation.
He was punished with 21 days of additional duty and reduction from airman
first class (A1C) to airman, suspended until 27 Apr 99. The applicant did
not appeal and the Article 15 was found legally sufficient and filed in his
Unfavorable Information File (UIF).
On 5 Nov 98, the applicant was taken to WHMC emergency facility, reporting
stressors including the DUI, job dissatisfaction, separation from his
fiancée and thoughts of hurting himself. He was given a preliminary
diagnosis of cyclothymia (a mood swing disorder similar to but milder than
bipolar). He continued to receive outpatient mental health and alcohol
rehabilitation treatment. Although he reported abstinence for four months,
lab work revealed abnormally elevated liver enzymes determined to be
consistent with ongoing alcohol abuse.
On 22 Jan 99 he was referred to WHMC for a medical evaluation for symptoms
consistent with a bipolar-like illness and personality disorder. The 27 Jan
99 Narrative Summary noted the applicant began drinking again and blacked
out before graduating from the ADAPT Program. The applicant described high
and low mood swings and indicated he had downloaded information on bipolar
illness. During the interview, the applicant consistently contradicted
himself in reference to onset, frequency, duration and intensity of these
bipolar-like symptoms. The psychiatrist also reported the applicant
endorsed signs/symptoms consistent with borderline and narcissistic
personality traits. Diagnoses were bipolar disorder, not otherwise
specified (NOS), alcohol abuse, and personality disorder, NOS. Discharge
and continued mood stabilizer medication were recommended.
On 18 Feb 99, the commander advised that the applicant’s medical condition
did not impact his ability to accomplish his daily duties and the majority
of his conflicts were of a personal nature outside the job area. On that
same date, a Medical Evaluation Board (MEB) convened. Diagnosis was bipolar
disorder, NOS, and alcohol abuse, which were found to have existed prior to
service (EPTS), and personality disorder, NOS. His case was referred to an
Informal Physical Evaluation Board (IPEB).
The IPEB convened on 26 Feb 99, found the applicant’s medical conditions
EPTS, were incompatible with military service, and were not aggravated by
the service. The bipolar disorder was found unfitting but not compensable;
the alcohol abuse and personality disorder were neither unfitting nor
compensable. The applicant disagreed and requested a Formal Physical
Evaluation Board (FPEB).
On 25 Mar 99, the disability representative forwarded the applicant’s
request for a “culturally sensitive psychiatric evaluation,” contending the
psychiatric testing he received was culturally biased against him and not
indicative of his true condition. A 26 Mar 99 psychiatric evaluation
advised that no psychological testing, per se, was performed and the
findings (bipolar and personality disorders, alcohol abuse) were based on
clinical signs, symptoms and judgment of the interviewing physician, and
that they did EPTS. On 26 Mar 99, the applicant’s request for a second
evaluation was disapproved.
The FPEB convened on 29 Mar 99 and agreed with the findings and
recommendations of the IPEB. The 10% compensable percentage was not
applicable because the medical conditions EPTS. The applicant provided a
rebuttal letter, contending he had only two, not multiple, alcohol-related
incidents and questioning the “long history” of bipolar-like symptoms.
On 5 May 99, the Secretary of the Air Force Personnel Council (SAFPC)
considered the applicant’s rebuttal letter and concluded his condition EPTS
without service aggravation. SAFPC also believed there were grounds for
pursuing a fraudulent enlistment because the applicant had not disclosed
more information on his medical history form; however, they elected not to
return the case for further legal review and concurred with the I/FPEB
findings.
On 29 Jun 99, the applicant was honorably discharged in the grade of A1C
with a narrative reason of disability after 1 year, 6 months, and 13 days
of active service. He was issued an RE code of 2Q (Personnel medically
retired or discharged). The applicant received approximately $4,471.20 in
disability severance pay.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant provides a detailed medical history and
advises the bipolar disorder diagnosis was noted not to be a firm one;
however, it is a chronic disorder often characterized by periods of
remission with unpredictable relapses. Regardless, the applicant’s
personality disorder and failure in the alcohol treatment program alone
rendered him unsuitable for continued military service and reenlistment. A
narrative reason for discharge of “disability” is preferred by most over
“personality disorder.” The Consultant contends there was an error in
executing the order of SAFPC and the applicant was disability discharged
with 10% severance pay, which he should not have received. Denial is
recommended.
A complete copy of the evaluation is at Exhibit C.
HQ AFPC/DPPRSP believes the discharge was consistent with the procedural
and substantive requirements of the discharge regulation and was within the
discharge authority’s discretion. The applicant has not substantiated any
errors or injustices and his appeal should be denied.
A complete copy of the evaluation is at Exhibit D.
HQ AFPC/DPPAE advises that the RE code is correct.
A complete copy of the evaluation is at Exhibit E.
______________________________________________________________
APPLICANT’S REVIEW OF EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 9 Jan 04 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 not timely filed; however, it is in the interest
of justice to waive the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. The applicant’s contentions are duly
noted; however, we are not persuaded that his RE code should be changed.
The Medical Consultant notes the bipolar disorder diagnosis was not a firm
one but it is a chronic disorder often characterized by periods of
remission with unpredictable relapses. The Consultant further indicates the
applicant’s symptoms could also be due to his personality disorder or
cyclothymia. Regardless, his personality disorder and failure in the
alcohol treatment program alone rendered him unsuitable for reenlistment
and continued military service. Based on the Consultant’s recommendation
and the evidence of record, we are not convinced it would be in the best
interests of the Air Force or the applicant to allow him to reenlist.
Therefore, we find no basis upon which to recommend favorable action on
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 this application in
Executive Session on 24 February 2004, under the provisions of AFI 36-
2603:
Ms. Olga M. Crerar, Panel Chair
Mr. John B. Hennessey, Member
Ms. Cheryl Jacobson, Member
The following documentary evidence relating to AFBCMR Docket Number BC-2003-
01570 was considered:
Exhibit A. DD Form 149, dated 12 Apr 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated 23 Sep 03.
Exhibit D. Letter, HQ AFPC/DPPRSP, dated 30 Oct 03.
Exhibit E. Letter, HQ AFPC/DPPAE, dated 12 Dec 03.
Exhibit F. Letter, SAF/MRBR, dated 9 Jan 04.
OLGA M. CRERAR
Panel Chair
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