RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00342
            INDEX CODE: 135.02, 108.03,131.00
            COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  1 Aug 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

A.  He receive pay and retirement points for the period  1-10 Feb  04,
while on temporary duty (TDY) to Lackland AFB, TX, to attend a medical
board.
[Note:  HQ AFRC/DPM  recommends  approval  for  this  portion  of  the
applicant’s appeal.]

B.  He receive pay  and  retirement  points  for  the  period  he  was
awaiting medical board evaluation and final disposition of  his  case,
21 Jun 03 to 25 Mar 04.

C.  He be advanced to E-7 since he would have been eligible and  fully
qualified.

D.  His medical records be changed to reflect he is fit for duty if he
decides to revoke his retirement and affiliate  with  another  Reserve
unit.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was erroneously released from active duty on 20 Jun  03  before  he
should have been.  He was railroaded out  by  the  medical  department
because he wrote to his congressman concerning the slow resolution  of
his case.  The president of the medical board was  not  objective  and
should have recused himself. His condition is  service  connected  and
began while on active duty for training. His submission shows  he  had
no symptoms prior to 1998 at AF Technical School and that a high  dose
of medicine caused his heart rate to “go wild.”  He should  have  been
returned to duty in Nov 02 and advanced to E-7 around 1 Mar  04.   His
records and  the  collateral  consequences  from  the  previous  unfit
finding  should  be  corrected.   He  is  an  extremely  reliable  and
productive individual.

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

STATEMENT OF FACTS:

The service personnel  and  medical  records  are  not  available  and
documentation in this  case  is  limited  to  that  submitted  by  the
applicant (Exhibits A and E). Based on the submitted documentation, an
evaluation of the applicant’s eligibility for points and promotion  by
HQ AFRC/DPM and a detailed medical discussion by  the  AFBCMR  Medical
Consultant are provided at  Exhibits  B  and  C,  respectively.   Some
highlights follow.

The applicant served in the Navy Reserves from 1982-1997.

He apparently received antidepressant  medication  for  depression  in
1996 prior to enlisting in the Air Force.  At the time of his  medical
exam for enlistment into the Air Force Reserves (USAFR) on 30 Sep  97,
the applicant checked “No” on SF 93, Report  of  Medical  History,  to
questions regarding current or past symptoms of anxiety,  nervousness,
or depression.

In Jan-Mar 98, while  on  active  duty  for  training,  the  applicant
experienced palpitations attributed to treatment with medications  for
prostate problems.  Cardiology  evaluation  at  that  time  documented
nonsustained ventricular tachycardia on 24-hour monitoring and  during
exercise testing, and he was started on appropriate  medication.   The
medications used for his prostate  transiently  unmasked  an  existing
predisposition to the extra beats.  The medications did not cause  any
injury to the heart or heart disease.  In retrospect, the palpitations
he experienced in Jan-Mar 98 were considered  by  some  clinicians  to
mark  the  onset  of  his  Anxiety/Panic   Disorders,   although   the
contemporaneous medical documents  made  no  mention  of  symptoms  of
anxiety.

Following 9/11, the applicant was called to active duty on  22 Oct  01
and served at his home station as a structural specialist with the 514
Civil Engineering Squadron (514 CES) at McGuire AFB, NJ.  He presented
to the mental health clinic (MHC) on 27 Mar 02, apparently on referral
from his primary physician with a three-year history of panic attacks.
  Between  1998  and  2001  prior  to  his  activation,  his  civilian
physicians had treated his Anxiety Disorder with various  medications.
When he was activated, he apparently was not  taking  or  had  stopped
taking these medications and experienced symptoms for which he  sought
care.  His military provider had prescribed  medication  and  referred
him to the MHC.

In Jun 02, the applicant did not deploy with his unit due to the  duty
limiting  profile   for   “panic   type   symptoms   associated   with
palpitations.”   Referral  for  Medical  Evaluation  Board  (MEB)  was
initiated and a 9 Aug  02  MEB  narrative  summary  concluded  with  a
diagnosis of Anxiety Disorder  Not  Otherwise  Specified  (NOS).   The
psychologist indicated medication had placed the applicant’s condition
in remission, there was no impairment for military duty, and  that  he
would not have initiated an MEB if the applicant were a Regular active
duty member (medical  standards  indicate  that  the  requirement  for
medication in a Reserve member is cause for referral  for  MEB).   The
MEB returned the applicant to duty with an S2 profile, mild  transient
psycho-neurosis, indicating an expectation of resolution.

On 1 Feb 03, the applicant was placed on a P4  (disqualifying  medical
condition) physical profile, apparently triggered by the processing of
a Line of Duty (LOD) Determination.  [The  AFBCMR  Medical  Consultant
noted in his advisory that the LOD documentation was not available for
review and it is unknown what the outcome was and if  the  applicant’s
physical profile was returned  to  its  previous  medically  qualified
status, i.e., P1/P2.]

The applicant was scheduled to be demobilized in Jun 03 and in Apr  03
he appealed for retention on active duty for medical  reasons.   After
considerable administrative  activity,  he  was  subsequently  offered
retention on active  duty  for  purposes  of  medical  evaluation  and
referral to the DES but he apparently declined because he had obtained
civilian employment.  Processing of an MEB was reinitiated  apparently
based on the fact that he still  had  a  physical  profile  preventing
overseas deployment and continued to be  treated  with  medication  to
control his symptoms.

On 22 Jun 03, the applicant’s  commander  reported  he  was  a  highly
productive member and recommended his retention.

MHC appointment documentation from Aug  03  indicated  continued  mild
anxiety symptoms due to increased stressors  (civilian  occupational).
MEB narrative summaries dated 3 Sep  and  5 Oct  03  document  chronic
symptoms of anxiety since 1998. The psychiatrist rendered a  diagnosis
of Anxiety  Disorder  NOS  but  concluded  there  was  impairment  for
military service.

On 10 Nov 03, the Informal Physical Evaluation Board (IPEB)  concluded
the applicant’s Anxiety  Disorder  NOS  was  unfitting  for  continued
military service, with  minimal  social  and  industrial  adaptability
impairment rating at 0%, and that it existed prior to  service  (EPTS)
without service aggravation.  The IPEB  commented  the  condition  was
incompatible with the  long-term  rigors  of  military  service.   The
applicant disagreed, appealed to the Formal PEB (FPEB), and sought  an
evaluation from a civilian psychiatrist on 15 Dec 03.   On  5 Feb  04,
the FPEB concurred with the IPEB.

The applicant appealed to the Secretary of  the  Air  Force  Personnel
Council (SAFPC), indicating he wished to be returned to  duty  or,  if
found unfit, receive disability compensation with a 10% rating.  SAFPC
considered his case on 25 Mar 04, concurred with the previous  boards,
and concluded the condition was unfitting and EPTS.

HQ AFRC/SGP  determined  that  the  applicant  processed  through  the
Disability Evaluation System (DES) between 7 Nov 02 and 2 Apr 04.

A  6 Apr  04  letter  from  the  applicant’s   civilian   psychiatrist
correlates his symptoms with the excessive use of alcohol and  asserts
the  applicant  was  on  an  effective  dose   of   medication.    The
psychiatrist had recommended the applicant stop taking his  medication
on 20 Jan 04, and rendered a diagnosis of history of Panic Disorder in
the past, history of alcohol abuse in the past, history of tachycardia
in the past.

On 10 May 04, the applicant was transferred  to  the  Retired  Reserve
(RR) list under the provisions of Title 10, USC,  Section  12731b,  in
the grade of technical sergeant with less than 20  but  more  than  15
years of service, awaiting receipt of retired  pay  at  age  60  after
separation for non-duty related medical disqualification (EPTS Anxiety
Disorder/Panic   Disorder).    Transfer   to    the    RR    precludes
promotion/promotion consideration.

Following his  separation,  the  applicant  filed  a  claim  with  the
Department of Veterans Affairs (DVA) and is  presently  receiving  DVA
service-connected disability compensation with a  combined  rating  of
30% (10% for Panic Disorder with Agoraphobia and 20% for  degenerative
arthritis.)

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/DPM recommends granting Item A by awarding  the  applicant  10
active duty pay and points for the 1-10 Feb 04 TDY  to  Lackland  AFB,
TX, because he should have been on active duty orders  at  that  time.
However, they recommend Items B, C, and D be denied.  With  regard  to
Item B, he should not receive pay and points for 21 Jun  03-25 Mar  04
because he did not meet the criteria for a mobilization extension  for
medical reasons (was not hospitalized, did  not  have  an  undiagnosed
condition, and was able to return to his civilian employment).  He did
meet the criteria for placement on  Military  Personnel  Appropriation
(MPA) orders for medical reasons for this same period but he  declined
to accept those orders.  Regarding Item C, their promotion eligibility
research could not find, nor did  the  member  provide,  any  data  to
support he was in a higher graded position (E-7) at  any  time  during
the period in question.  With respect to Item D, based on consultation
with AFRC/SG, the case should be evaluated at  the  Secretarial  level
[AFBCMR Medical Consultant].

A complete copy of the evaluation is at Exhibit B.

The AFBCMR Medical Consultant recommends denial and provides an eight-
page evaluation detailing the applicant’s medical circumstances.   The
Consultant indicates the case was difficult  because  the  applicant’s
symptoms were described as mild, his duty performance  was  excellent,
and  he  was  motivated  to  serve.   Nevertheless,  he  was  properly
evaluated in the DES and determined to be unfit for continued military
service due to his condition.  The  Service  Secretaries  are  charged
with maintaining a fit and vital force.  A medically fit  active  duty
population is only obtained by applying established medical  standards
to individuals.  This is a complex and individualized process designed
to serve the needs of  the  military  services  while  preserving  the
rights of the individual.  Review  of  the  case  is  limited  by  the
absence of complete documentation, including complete service  medical
records, personnel records, civilian evaluation and treatment  records
for depression in 1996, civilian evaluation and treatment records  for
anxiety prior to activation, LOD  documentation,  civilian  evaluation
from  Dec 03/Jan  04,  and  post-service  DVA  records  and   civilian
treatment  records.   Based  on  the  available   documentation,   the
Consultant concludes the record  does  not  support  an  error  or  an
injustice warranting changing records to show the applicant is fit for
military service or that his condition did not EPTS.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant asserts AFI  36-3212,  para.  8.6.2,  was  not  followed
because, about a month into six-month orders, he  was  released  while
still being treated.  This was  no  coincidence  because  it  happened
right after he wrote his Congressman.  That is also the reason why  he
was not awarded pay and points for the 5/6-day TDY to Lackland AFB for
the FPEB.  He should have gotten points until the time he was retired.
 He concedes he was given Paxil by his civilian doctor for a few weeks
in 1996.  He let himself get dependent on the medication when the  Air
Force put him on it.  He saw his physician and  her  therapist  on  at
least five occasions over a four-month span.  He still  maintains  the
psychiatrist who evaluated him should not have sat as president of the
MEB.  The FPEB made their decision in only 20 minutes; this is  hardly
“due diligence.”  The AFBCMR Medical Consultant’s thorough  evaluation
is the first time in four years he was given a decent explanation into
this process.

A complete copy of  applicant’s  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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice to warrant partial relief.   After
careful consideration of the available evidence  and  the  applicant’s
submission, we conclude only active duty pay and points for the period
1-10 Feb 04 when he was on TDY status to Lackland  AFB,  TX,  for  his
FPEB should be awarded.  As for the 21 Jun 03-25 Mar 04 timeframe,  he
apparently did not meet the criteria for  mobilization  extension  for
medical reasons, and he declined MPA orders for  medical  reasons  for
this same period.  With respect to his promotion to E-7, the applicant
did not provide any data demonstrating he was in an  E-7  position  at
any time during the period in question.  Finally, the  AFBCMR  Medical
Consultant determined the applicant was properly evaluated in the  DES
and found to be unfit for continued military  service,  and  that  his
condition  EPTS.     Therefore,  we  agree  with  the   findings   and
recommendations of HQ AFRC/DPM and the AFBCMR Medical  Consultant  and
conclude the applicant’s records  should  be  amended  to  the  extent
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT be corrected to show that,  for  the  period
1 to 10 February 2004,  he  was  on  temporary  duty  status  and  was
credited with an additional 10 (ten) paid active duty points  for  the
retirement/retention year 31 October 2003 through 30 October 2004.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 11 May 2006 under the provisions of AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Ms. Donna Jonkoff, Member
                 Mr. Alan A. Blomgren, Member

All members voted to correct the records, as recommended.
The following documentary evidence relating to AFBCMR Docket Number BC-
2005-00342 was considered:

   Exhibit A.  DD Form 149, dated 22 Jan 05, w/atchs.
   Exhibit B.  Letter, HQ AFRC/DPB, dated 9 Mar 05.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated 7 Apr 06.
   Exhibit D.  Letter, SAF/MRBR, dated 10 Apr 06.
   Exhibit E.  Letter, Applicant, dated 20 Apr 06, w/atchs.



                                   CHARLENE M. BRADLEY
                                   Panel Chair

AFBCMR BC-2005-00342




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     , be corrected to show that, for the period 1 to
10 February 2004, he was on temporary duty status and was credited
with an additional 10 (ten) paid active duty points for the
retirement/retention year 31 October 2003 through 30 October 2004.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency