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AF | BCMR | CY2004 | bc-2003-02380
Original file (bc-2003-02380.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02380
            INDEX NUMBER: 100.00

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of “2Q” be changed to  a  series  “1”
code so that he can enlist in the Army.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He has received proper treatment  for  the  illness  that  resulted  in  his
separation.  He has been asymptomatic of  the  condition  for  almost  three
years.  He is capable and willing to enter  combat  overseas.   A  physician
experienced in Post-Traumatic Stress Disorder (PTSD) among military and  law
enforcement personnel has evaluated him and determined that he  is  able  to
serve.  In view of this, he should be given one last  chance  to  serve  his
country.

In support of the appeal, applicant submits his personal statement,  letters
of recommendation and a statement from a  civilian  psychologist  indicating
that an evaluation of the applicant discloses nothing  that  would  preclude
him from returning to military service.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the  Air  Force  on  12  July
1995, for a period of four years.  On 25 June 1996, while deployed to  Saudi
Arabia as an F-16 tactical aircraft maintenance specialist, he  was  injured
during the terrorist bombing of the Khobar Towers.   He  sustained  multiple
lacerations to the head, arms and legs requiring suturing.  He  was  awarded
the Purple  Heart  for  his  injuries.   A  command-directed  mental  health
evaluation diagnosed his  condition  as  a  personality  disorder.   He  was
hospitalized for two weeks following an apparent  suicide  gesture  and  was
diagnosed with PTSD, chronic; a  personality  disorder;  and  an  adjustment
disorder.  He was processed through the Disability Evaluation  System  (DES)
and placed on the Temporary Disability Retired  List  (TDRL)  on  25  August
1997.  From 21 February to 2 March 1998, he was hospitalized for  depression
and PTSD.  He underwent TDRL psychiatry reevaluation on 24 March  1999  that
concluded his  chronic  PTSD  was  resolved  and  his  return  to  duty  was
recommended.  On 8 June 1999, an Informal Physical Evaluation  Board  (IPEB)
found him fit and removed him from the TDRL.  He reenlisted on 1 July  1999,
for a period of four years.  Based on recurrent symptoms of depressed  mood,
anxiety and suicidal ideation, he was again processed through the DES,  with
a Formal Physical Evaluation Board (FPEB) finding him  unfit  due  to  major
depressive disorder associated with PTSD, with definite severity,  rated  at
10%, and recommending his discharge with severance pay.  He  concurred  with
the findings of the FPEB and was honorably  discharged  on  28 August  2000,
under the provisions of AFI 36-3208 (Disability, Severance Pay), and  issued
an RE code of “2Q - Personnel medically retired or discharged.”

On 19 September 2002, the Department of Veterans Affairs (DVA)  awarded  him
a service-connected disability rating of 0% for PTSD.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief Medical  Consultant  recommends  the  application  be  denied  and
states, in part, that the applicant’s history of  depressed  mood  and  PTSD
symptoms requiring repeated hospitalizations is  disqualifying  for  reentry
into the military.  A current normal  mental  health  examination  does  not
change his disqualifying past psychiatric history.   The  fact  that  he  is
functioning well at this time at home does not predict that he will  respond
well to the stresses of military operations,  deployment,  or  combat.   His
past  experience  is  predictive  of  an  unacceptable  increased  risk  for
recurrence, which is further increased by his personality disorder.

The Chief Medical Consultant’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The  medications  he  was  placed  on  made  him  more  depressed,  violent,
confused, and actually suicidal.  In December  1999,  his  cousin,  who  was
more like a father to him, had died and he again started to feel  depressed.
 He regrets not fighting to stay in during the second MEB; however,  he  was
so tired and confused that he gave up.  One of the medications he was  given
was neurontin, whose manufacturer is the  subject  of  lawsuits  due  to  it
causing heavy-duty depression.

Applicant’s complete response 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.  After a thorough review  of  the  evidence
of record and the psychological evaluation submitted by  applicant,  we  are
not persuaded that relief should be granted.  His assigned RE code  of  “2Q”
accurately reflects his  medical  discharge.   Applicant’s  contentions  are
duly noted; however, we do not find these assertions, in and by  themselves,
sufficiently persuasive to  override  the  rationale  provided  by  the  Air
Force.   The  BCMR  Medical  Consultant   has   adequately   addressed   the
applicant’s contentions  and  we  agree  with  his  opinion  and  adopt  the
rationale expressed as the basis for our decision  that  the  applicant  has
failed to sustain his burden that he has suffered  either  an  error  or  an
injustice.  The personal sacrifice he endured for his country is  noted  and
our decision in no way diminishes the high regard we have for  his  service;
however, we find no  compelling  basis  to  recommend  granting  the  relief
sought.

_________________________________________________________________

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-2003-02380
in Executive Session on 18 March 2004, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Grover L. Dunn, Member
                       Mr. Richard A. Peterson, Member





The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 22 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jan 04.
    Exhibit E.  Letter, Applicant, dated 10 Feb 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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