RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02986
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 MARCH 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to show that her disability did not exist
prior to service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
There was no hospitalization before entering the military. The entry
on her separation document showing no severance pay is erroneous.
In support of the appeal, applicant submits her DD Form 293 and a copy
of her DD Form 214.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 12 December 1989 for a
period of four years. She completed basic military training and
entered technical training in the air traffic control career field.
She was hospitalized on 27 February 1990 after two weeks of increasing
symptoms diagnosed as bipolar disorder without a prior history of
psychiatric illness. She was referred into the disability evaluation
system. On 9 March 1990, a Medical Evaluation Board (MEB) convened to
consider the case. The MEB rendered an Axis I Diagnosis of Bipolar
Disorder, Manic, DSM-III-R 296.42, moderate, acute, improved on
medications. The MEB determined the onset for this condition was
February 1990. The MEB also rendered an Axis II diagnosis of
Streptococcal pharyngitis, an Axis IV diagnosis of Severity of
Psychosocial Stressors: Code 3, moderate, and an Axis V diagnosis of
global Assessment of Function Scale “Currently 50.” The MEB found the
Axis I condition was incurred while entitled to basic pay and did not
exist prior to service. It was recommended the case be forwarded for
review by a Physical Evaluation Board (PEB). The Informal Physical
Evaluation Board (IPEB) was convened on 22 March 1990 and concluded
her condition, Bipolar Disorder, manic, moderate, acute, with
considerable impairment of social and industrial adaptability, existed
prior to service without service aggravation and recommended the
applicant be discharged with severance pay.
Applicant agreed with the findings and recommendations of the IPEB, on
26 March 1990. On 30 March 1990, the Secretary of the Air Force
determined the applicant was physically unfit for continued military
service due to a physical disability which existed prior to military
service and directed she be discharged without disability benefits,
effective 19 April 1990.
Applicant was discharged from the Air Force on 19 April 1990 under the
provisions of AFR 35-4, Disability Existed Prior to Service-No
Severance, with an honorable discharge. She had served four months
and eight days on active duty. Following her discharge, the
Department of Veterans Affairs denied service connected disability
compensation for her bipolar disorder (Rating Decision dated 4
September 1990).
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant states that evidence of the record
indicates that the applicant reportedly did not experience symptoms
prior to entering the service but manifested the condition less than
three months after entering active duty. Bipolar Disorder is an
illness characterized by periods of sustained disruption of mood,
associated with distortions of perception, somatic functioning, and
impairment in social functioning. Bipolar disorder is considered a
biologically based neuropsychiatric disorder characterized by episodic
perturbations in numerous neurotransmitter systems possibly related to
subtle changes in brainstem structures. There is a hereditary
predisposition (multiple genes, more complex than merely presence of a
family history) for the condition and the age of onset is typically
between 15 and 30 years of age. The mood disorder includes periods of
mania, a state of elevated, expansive, or irritable mood lasting at
least a week, and periods of depressed mood or even episodes of major
depression and is classified according to the predominant mood
pattern. Manic episodes are characterized by inflated self esteem,
decreased need for sleep, excessive talkativeness, racing of thoughts,
increased goal directed activity, easy distractibility, and excessive
pursuit of pleasurable activities without the normal regard for the
consequences of excess (spending money, sexual encounters, etc.).
Bipolar disorder is a chronic illness that often evolves over a
prolonged period of time (months, years) before diagnosis, is marked
by a course of relapses and remissions, is frequently associated with
substance abuse, with a high rate of suicide attempt (25-50%) and
successful suicide (15%). Prior to treatment with mood stabilizing
medications, individuals with this disorder experienced four episodes
over 10 years however treatment with medication significantly reduces
the frequency and severity of episodes. The majority of individuals
with Bipolar Disorder return to a fully functional level between
episodes, however, some display inter-episode recovery.
Department of Defense disability evaluation policy at the time (as
now) states that manifestations of lesions or symptoms of chronic
disease from date of entry, or so close to the date that the disease
could not have originated in so short a period (usually 180 days),
will be accepted as proof (by preponderance of evidence and accepted
medical principles) that the disease existed prior to service.
Bipolar disorder manifesting within 180 days of entry is considered
existing prior to service based on accepted medical principles of a
biologic basis of the disease and the marked chronic nature and
prolonged insidious onset of the condition.
Action and disposition in this case are proper and equitable
reflecting compliance with Air Force directives that implement the
law. The BCMR Medical Consultant is of the opinion that no change in
the records is warranted.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 3 August 2005, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinions and recommendation of the BCMR
Medical Consultant and adopt his rationale as the basis for the
conclusion that the applicant has not been the victim of an error or
injustice. Therefore, in the absence of evidence to the contrary, we
find no basis to recommend granting the relief sought in 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 8 September 2005, under the provisions of AFI 36-
2603:
Mr. Michael J. Novel, Panel Chair
Mr. Terry L. Scott, Member
Ms. Cheryl V. Jacobson, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2004-02986 was considered:
Exhibit A. DD Form 149, dated 15 Sep 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 1 Aug 05.
Exhibit D. Letter, SAF/MRBR, dated 3 Aug 05.
MICHAEL J. NOVEL
Panel Chair
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