RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01757
INDEX NUMBER: 100.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 11 DECEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
The AF Form 356, Findings and Recommended Disposition of USAF Physical
Evaluation Board finding of "Return to Duty", be corrected to reflect
"Permanent Retirement."
_________________________________________________________________
APPLICANT CONTENDS THAT:
At this point, he is unable to perform the job (Air force Pilot) he was
trained for. He is convinced that he does, in fact, have Asthma and that he
will never again be reinstated to flying status. While he has a strong
desire to fly for the Air Force, he believes that it is now impossible. He
merely wishes to protect his own health. In accordance with the
requirements of the applicable AFI, he requests his status be changed to a
medical retirement so as to best meet the needs of his medical condition
and the needs of the Air Force.
In support of his request, applicant submits a personal letter, copies of
the AF Form 356, Findings and Recommended Disposition of USAF Physical
Evaluation Board, Aeromedical Consultation Service Report, doctors' medical
reports, commander's support letter, and AFI 48-123.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was commissioned and entered active duty in July 2001 after
graduating from the Air Force Academy, subsequently completed pilot
training and was assigned as a KC-135 air refueling pilot.
While deployed to Saudi Arabia and Turkey, between July and November 2004,
the applicant developed recurrent symptoms of cough and chest tightness
that improved with treatment with inhaled bronchodilator medication. Upon
return to his home station, he was referred for evaluation by a civilian
pulmonary specialist who documented normal pulmonary function tests and a
normal exercise bronchoprovocaltion test. Based on the symptoms,
responsiveness to the inhaler and the exposure to dusts and fumes while
deployed the specialist concluded the applicant had occupational induced
airway hyper-reactivity and recommended treatment with inhalers. The
applicant was referred to the Aeromedical Consult Service (ACS), Air Force
School of Aerospace Medicine, Brooks AFB, TX for evaluation in April 2005.
Although his reported symptoms were suggestive of asthma, repeated
documented physical examinations finding no wheezing and normal
methacholine bronchoprovocation testing did not support a diagnosis of
asthma or reactive airways disease. Prior allergy testing in 2002 was
negative for allergies. At the time of this evaluation, he was reportedly
asymptomatic. Because his symptoms appeared to be unexplained and there was
a history of stress induced nausea and vomiting (preceded by cough) during
flight training, he was referred for psychological evaluation to assess for
psychogenic causes of his cough. Comprehensive psychological testing showed
a pattern consistent with the expression of physical symptoms when under
severe emotional or psychological stress. Because of the negative
evaluation for evidence of reactive airways disease or asthma and result of
psychological testing, he was diagnosed with somatoform disorder with
recommendation for medical disqualification from flying duties based on the
psychiatric diagnosis.
Following the ACS evaluation, the applicant was referred for psychological
follow up at his home base and was seen several times between May 2005 and
October 2005 for evaluation and therapy. The psychologist concluded the
applicant did not have a somatoform disorder rendering a diagnosis of
Adjustment Disorder with Anxiety. A 5 November 2005 flight surgery clinic
entry notes the applicant's symptoms were triggered by cold weather and
that he was using inhalers infrequently. In December 2005, the applicant
sough another pulmonary evaluation leading to a diagnosis of asthma based
on symptoms and a methacholine bronchoprovocation test that showed
bronchoconstriction at methacholine dose which falls into the "borderline"
range of supporting a diagnosis of asthma. Treatment with inhalers was
recommended.
The applicant was referred for evaluation in the disability evaluation
system for his diagnoses of asthma and Adjustment Disorder with Anxiety.
Pulmonary function tests performed February 2006 were normal on two
occasions. A mental health narrative summary dated February 2006 concluded
with diagnosis of Adjustment Disorder with Anxiety that was not
disqualifying for continued military service. An Aeromedical Consult
Service review of clinical information since the original ACS evaluation in
April 2005 concluded with recommendation for continued disqualification
from flying based on diagnosis of asthma and Adjustment Disorder with
Anxiety. The commander's letter to the Physical Evaluation Board dated 15
March 2006 reported excellent duty performance as a staff/executive
officer, maintenance of flight proficiency in the simulator and selection
ahead of peers to be an assistant flight commander. The commander noted
that if the applicant could not be returned to flying status he had no
motivation to continue an Air Force career in any other capacity, a
sentiment expressed by the applicant in his letter dated 15 March
2006.
On 20 March 2006, the applicant was referred to the USAF Physical
Evaluation Board (IPEB), for diagnoses of asthma and adjustment disorder
with anxiety. The IPEB reviewed his case and found the member fit and
recommended, "Return to Duty." The IPEB noted the narrative summary
indicated symptoms of asthma without objective findings. By law, a member
may appeal a recommended disposition if he/she is found unfit and is being
involuntarily separated or retired for disability. This is not true for
members found fit. However, if the hospital commander believes there is
additional compelling medical documentation calling into question the
appropriateness of the return to duty decision, he/she could have requested
a "special review of the IPEB recommendation.
On 11 May 2006, the applicant applied for miscellaneous separation. On 5
July 2006, the Secretary of the Air Force Personnel Council approved the
applicant's request for miscellaneous separation effective 1 August 2006
and waived recoupment of the unearned portion of his AF Academy education.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial and states the preponderance of evidence
reflects that no error or injustice occurred during the disability process.
AFPC/DPPD's complete evaluation is at Exhibit C.
The BCMR Medical Consultant recommends denial. The applicant was returned
to duty after evaluation in the disability evaluation system for mild
asthma or reactive airways disease and adjustment disorder that were
determined to be not unfitting for continued military service even though
they were disqualifying for military flying duties. Because he could no
longer fly, the applicant wished to voluntarily separate from the Air
Force. He submitted simultaneous requests for miscellaneous separation and
corrections of records show disability retirement. His request for
miscellaneous separation was approved with an effective date of 1 August
2006.
Once an individual has been declared unfit, the Service Secretaries are
required by law to rate the condition based upon the degree of disability
at the time of permanent disposition and not on future events. No change in
disability ratings can occur after permanent disposition, even though the
condition may become better or worse.
The preponderance of the evidence of the record supports the decision of
the Physical Evaluation Board. Action and disposition in this case are
proper and equitable reflecting compliance with Air Force directives that
implement the law.
BCMR Medical Consultant's complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluations and stated he sought a second
opinion by pulmonologist in December 2005 and was diagnosed with asthma
after having below normal pulmonary function tests. A "positive"
bronchoprovocation test which was described by ACS as "borderline normal."
Of course this second opinion was not shared by the flight surgeons who
worked his case and by the physicians at ACS due to the legal ramifications
surrounding his case given that those physicians felt his respiratory
problems were simply a psychological problem. Thus a second diagnosis of
asthma from a separate pulmonologist nearly one year later only confirmed
that he had a physical condition and not a psychological condition which
raised questions of malpractice in his medical processing. Therefore, he is
asking the AFBCMR to change his records to a medical discharge which will
allow him to continue medical coverage for a condition which was obviously
caused by his service in the military.
Applicant’s complete response 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 timely filed.
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 and do not find that
it supports a determination that the applicant should have been medically
discharged. The Board notes that for an individual to be considered unfit
for military service there must be a medical condition so severe that it
prevents performance of any work commensurate with rank and experience. In
this respect, the Board notes that his condition did not render him unfit
for continued service prior to him applying for a miscellaneous discharge,
however, found him medically disqualified for military flying duties.
Therefore, we agree with the opinion and recommendation of the BCMR Medical
Consultant and the Air Force office of primary responsibility and adopt
their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. In the absence
of evidence to the contrary, we find no basis to recommend the relief
sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of a 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-2006-01757
in Executive Session on 15 November 2006, under the provisions of AFI 36-
2603:
Ms. B. J. White-Olson, Panel Chair
Mr. Patrick C. Daugherty, Member
Mr. Wallace F. Beard Jr., Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2006-01757:
Exhibit A. DD Form 149, dated 30 May 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 7 Jul 06.
Exhibit D. BCMR Medical Consultant, dated 27 Jul 06
Exhibit E. Letter, SAF/MRBR, dated 28 Jul 06.
Exhibit F. Applicant’s Response, dated 15 Aug 06
B. J. WHITE-OLSON
Panel Chair
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