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AF | BCMR | CY2004 | BC-2004-01135
Original file (BC-2004-01135.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01135
            INDEX NUMBER:  110.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her medical disqualification  from  the  Air  Force  Reserve  Officer
Training Corp (AFROTC) program be voided.

Her indebtedness to the government in the  amount  of  $16,000.00  be
voided.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The medical diagnosis in her records is not correct.  Her illness was
acute,  not  chronic.   She  met  military  retention  standards   by
notifying  her  AFROTC  detachment  of  her  illness  and  medication
requirements.  Her AFROTC detachment advised her that she  should  be
reconsidered for commissioning after approximately one year  of  good
health.

Her final medical  diagnosis  was  “Brief  Reactive  Psychosis.”   HQ
AFROTC believes that she never informed anyone about her illness, but
she immediately called her detachment after she was released from the
mental  hospital.   Her  detachment  never  said  she  withheld  this
information, only that she told them after being  released  in  June.
She believes that HQ AFROTC misinterpreted the  statements  from  her
detachment.

In support of her  appeal,  applicant  provides  a  letter  from  her
detachment stating that she disclosed  her  illness  and  medications
before attending field training, a letter from her psychiatrist, copy
of an e-mail message, and a letter from her AFROTC commander.

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

_________________________________________________________________

STATEMENT OF FACTS:

According to information contained in the applicant’s AFROTC records,
the applicant served on active duty in the Air Force from 4 Sep 91 to
10 Aug 00.  On 11 Aug 00, she signed a contract to enter  the  AFROTC
program with a scholarship for 2.5 years.  The applicant entered  the
AFROTC program at the University of  Michigan.   Following  the  2002
winter term, the applicant was hospitalized on two occasions, but was
released in time on  the  second  occasion  to  attend  Summer  Field
Training.  The applicant reported to Summer  Field  Training  without
notifying  her  detachment  of  her  two   recent   hospitalizations.
However, during in processing, medical personnel questioned her about
the medication she was taking.  After  explaining  her  situation  to
Field  Training  medical  staff,  she  was  disenrolled  from   Field
Training.  It was also further recommended that  she  be  disenrolled
from the AFROTC program  due  to  the  type  of  medication  she  was
prescribed.

On 1 Oct 02, the AFROTC detachment commander notified  the  applicant
that  he  was  initiating  disenrollment  action  against  her.   The
applicant acknowledged receipt on 1 Oct 02  and  indicated  that  she
would continue AFROTC training if given  the  opportunity  and  would
accept a commission in the Air Force  if  one  was  tendered  to  her
through AFROTC.  She also  requested  the  help  of  an  active  duty
military member to assist her, did not desire to  have  a  university
official at the disenrollment hearing, and did not  desire  to  waive
her  right  to  a  disenrollment  investigation.    A   disenrollment
investigation was completed on the applicant.

On 15 Jan 03, a DD Form 785 was completed disenrolling the  applicant
from  the  AFROTC  program  effective   31   Mar   03   for   medical
disqualification by reason of  bi-polar  depression  and  failure  to
maintain military retention standards.  The applicant was  definitely
not recommended for other officer training.   It  was  also  directed
that the scholarship recoupment plan be initiated for the  applicant.
In a letter, dated 29 May 03,  the  applicant  wrote  the  HQ  AFROTC
commander that the reasons for her disenrollment were incorrect.  She
explained the circumstances  leading  up  to  her  disenrollment  and
stated that she had been  asymptomatic  for  almost  one  year.   She
requested that the DD Form 785 be corrected to allow her  to  reenter
the AFROTC program.   In  a  letter  dated  17  Jun  03,  the  AFROTC
commander advised the applicant that after reviewing her  case  file,
the  decision  of  the  AFROTC  registrar  remained  unchanged.   The
applicant was advised that although she might have been  asymptomatic
for a year, her recent medical history did not meet the standards  to
become a military officer.   In  a  letter,  dated  23  Sep  03,  the
applicant  advised  the  AFROTC  commander  that  she  would   pursue
correction of her records through the AFBCMR, but wanted to make some
points to him regarding  the  reasons  for  her  disenrollment.   The
applicant was advised that the information and concerns she  provided
had been weighed during a review of her disenrollment.  However,  she
did not produce any documentation to  back  up  her  claim  that  she
notified the Detachment prior  to  her  arrival  at  Field  training.
Therefore their original decision  to  disenroll  her  would  not  be
changed.

_________________________________________________________________

AIR FORCE EVALUATION:

AFOATS/JA recommends denial of the applicant’s appeal.  The applicant
has submitted insufficient evidence to support her  requests.   There
is no evidence to support her claim that her  illness  was  acute  as
opposed  to  chronic.   She  was  diagnosed  with   “Schizophreniform
Disorder” and was placed on serious  medication.   Diagnosis  of  her
condition as  acute  was  obviously  mistaken  considering  that  the
applicant had to be hospitalized again after being released from  the
hospital  earlier  that  month.   She  failed  to  maintain  military
retention standards because she was  hospitalized  twice  during  the
month of May and failed to report the change in her medical condition
“immediately” as she was counseled to do on three separate occasions,
as attested to on the AFOATS  Form  16s  she  signed.   It  would  be
inaccurate and inappropriate to  change  the  applicant’s  status  to
“highly recommended” on the DD Form  785,  “Record  of  Disenrollment
from Officer Candidate-Type Training.”  Current  AETC  guidance  will
allow the applicant to  reapply  to  a  commissioning  program  after
remaining independent of the drugs that were the disqualifying factor
for at least one year and passing another physical  exam.   The  only
new medical evidence the applicant has  submitted  is  an  optimistic
letter from a doctor written before  she  was  hospitalized  for  the
second time in May 02.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In her response to the Air Force advisory, the applicant states  that
their recommendation for denial  makes  no  sense  in  light  of  her
efforts to report her illness to the best of her  ability  under  the
circumstances.  She provides a  letter  from  her  psychiatrist  that
confirms  her  diagnosis  of  “Brief  Reactive  Psychosis”  and   the
associated symptoms.  The applicant further explains how her  illness
affected her efforts to report her illness.

The applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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 regarding the applicant’s request
to remove the judgment that she is not recommended for  commissioning
due to medical disqualification.  We took notice of  the  applicant's
complete submission in  judging  this  portion  of  her  application;
however, we agree with the opinion  and  recommendation  of  the  Air
Force office of primary responsibility and adopt their  rationale  as
the primary basis for our conclusion that the applicant has not  been
the victim of an error or injustice regarding her disenrollment  from
AFROTC  and  the  determination  that  she  is  not  recommended  for
commissioning due to medical disqualification.  In  that  regard,  we
believe  that  the  medical  evidence  of  record  supports  such   a
determination.   Therefore,  in  the  absence  of  evidence  to   the
contrary, we find no compelling  basis  to  recommend  granting  this
portion of the relief she seeks.

4.  Notwithstanding our determination above,  we  believe  sufficient
relevant evidence has been presented to demonstrate the existence  of
error or injustice regarding the determination that the applicant  be
disenrolled for “failure to meet military  retention  standards”  and
that recoupment of scholarship monies be initiated.  We note that the
determination of “failure to meet military retention  standards”  was
based solely on the applicant’s alleged failure to notify her  AFROTC
Detachment of her medical condition and associated  hospitalizations.
However, based on our review of the evidence of record, including the
statement from an officer at her  detachment,  we  believe  that  the
applicant, in fact, did take  some  action  to  notify  them  of  her
illness.  While officials at the  AFROTC  Detachment  determined  the
applicant was not fully forth  coming  regarding  her  condition,  we
believe that the very nature of the applicant’s illness  should  have
been taken into consideration as a mitigating factor.  We do not find
that  her  actions  constitute  the  type  of  deliberate  misconduct
normally  associated  with  “failure  to  meet   military   retention
standards.”  Rather, we  believe  that  her  problems  were  strictly
medical in nature and outside of her control.  As  such,  we  do  not
believe  it  was  appropriate  to  initiate  action  to  recoup   the
applicant’s  scholarship.    Therefore,   we   recommend   that   the
applicant’s records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

        a.  DD  Form  785,  “Record  of  Disenrollment  from  Officer
Candidate - Type Training,” submitted on 15 Jan  03,  be  amended  in
Section III, “Reasons and Circumstances for Disenrollment,” to  read:
“Disenrolled under the provisions of AFI  36-2011,  paragraph  6.1.2,
and  AFOATSI  36-2011,  paragraph  6.5.1,  medical  disqualification.
AETC/SG medically disqualified Cadet _____ from military  service  by
reason of bi-polar depression.”

         b.  Competent  authority  determined  that   recoupment   of
scholarship monies would not be initiated.

_________________________________________________________________

The following members of the Board considered Docket Number  BC-2004-
01135 in Executive Session on 21 July 2004, under the  provisions  of
AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Martha J. Evans, Member
      Mr. James W. Russell, III, Member

All members voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 1 Apr 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFOATS/JA, dated 14 May 04.
     Exhibit D.  Letter, SAF/MRBR, dated 21 May 04.
     Exhibit E.  Letter, Applicant, undated.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair


AFBCMR BC-2004-01135


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 XXXXXXX, XXXXXXX, be corrected to show that:

            a.  DD Form 785,  “Record  of  Disenrollment  from  Officer
Candidate - Type Training,” submitted on  15  Jan  03,  be  amended  in
Section III, “Reasons and Circumstances for  Disenrollment,”  to  read:
“Disenrolled under the provisions of AFI 36-2011, paragraph 6.1.2,  and
AFOATSI 36-2011, paragraph 6.5.1,  medical  disqualification.   AETC/SG
medically disqualified Cadet Brock from military service by  reason  of
bi-polar depression.”

             b.  Competent  authority  determined  that  recoupment  of
scholarship monies would not be initiated.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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