RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03582
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His National Guard Bureau (NGB) Form 22, Report of Separation and
Record of Service, be changed by removing the comment Medically
Disqualified, his Separation Program Designator (SPD) Code be changed,
and his Reenlistment Eligibility be changed to Eligible rather than
Ineligible.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During spring 2001, he was going through some stressful periods. He
received counseling and medication to help him cope with anxiety and
stress he was experiencing. He was eventually dosed very high on one
medication that did not seem to work for him. He was taken off that
medication and put on another. The second medication actually left
him feeling worse. He was not sure whether or not he was experiencing
“withdrawal” of some type from the previous medicine or whether or not
his current medication was causing the problems. In July 2001, he was
hospitalized for suicidal ideations. His psychiatrist increased the
medication and put him on some others. He was diagnosed with bipolar
affective disorder. In mid to late August 2001, he entered a state-
level facility for treatment and was released on 7 September 2001. He
was subsequently involuntarily discharged from the Wyoming Air
National Guard (WYANG) with an SPD of “KNF”, Not Eligible for
Worldwide Deployment – Medical Disqualification. His RE code was
listed as “Ineligible.” He believes his diagnosis was wrong, that he
was suffering from temporary stress due to personal problems, a heavy
workload, his military obligations, attending college part time and
side effects of the medication he was taking. Since 2001, he had
significantly reduced his medicine intake and has been medication-free
for the past three years. He has been employed continuously since
July 2002 and had finished his college degree and has started on a
Master’s degree. A neuro-psychologist recently accomplished a
forensic evaluation that took place over several visits and has
concluded he does not suffer from bipolar affective disorder or any
other condition that might require medication. He believes he is
currently “fit for duty” and desires the opportunity to enlist with
the Army, Air Force or with a Reserve component.
In support of his appeal, the applicant has provided a personal
statement, and copies of his NGB Form 22, his discharge paperwork, and
medical records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
He enlisted in the Army on 3 November 1987 and served until
3 September 1996 when he was honorably discharged. On 4 September
1996, he enlisted with the Alaska ANG (AKANG) and served with them
until 14 March 2000 when he transferred to the WYANG. Throughout his
years of service he was progressively promoted to the grade of staff
sergeant with a date of rank (DOR) of 4 September 1996. On 26 July
2002, he was found medically disqualified for worldwide duty and was
subsequently honorably discharged effective 25 November 2002 after
having served approximately 14 years of satisfactory service towards a
Reserve retirement.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/A1POF recommends denial. A1POF contends he was discharged after
having been thoroughly evaluated and diagnosed with bipolar affective
disorder. A1POF states he was separated in accordance with all
applicable regulations. No error or injustice could be found to
support his request to change his NGB Form 22 in the manner he has
requested.
A1POF’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant agrees with the ANG that his discharge was handled with all
applicable regulations, however, the WYANG acted on “bad” information
provided by his doctor. While the original information from his
doctor included he suffered from a bi-polar disorder, he has presented
new evidence in his application that shows he was misdiagnosed and has
no such condition. A full forensic psychological evaluation and a
follow-up examination not only bear this out but illustrate his
misdiagnosis. He contends he was too young at the age of 38 to have
contracted a bipolar disorder and instead asserts he suffered from a
“situation” disorder based on many personal changes he was undergoing
at the time. He was deeply in debt, working for the ANG, and
attending school on up to a fulltime status. While he admits he
handled these situations poorly, the resultant stress and anxiety led
him to seek counseling that eventually led to him being prescribed
medication. It was only after he began taking the medication that he
began to experience severe negative reactions. The reactions were
translated inappropriately as bi-polar disorder and he was
subsequently found not worldwide deployable and duly discharged. He
has not taken any psychological and psychiatric medications for almost
four years with no negative effects whatsoever. For this reason it is
apparent to him that he is not suffering from bi-polar disorder. He
feels his situation is no different from other military personnel
taken off worldwide status due perhaps to broken bones or even
pregnancy. Their worldwide unavailability is temporary and is
restored when whatever malady they suffer from has resolved. He would
like the Board to consider his bipolar disorder as having been
misdiagnosed and whatever malady he suffered from has now been
resolved. Therefore, he would appreciate the Board changing his SPD
code to one that would allow him to reenlist.
_________________________________________________________________
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 applicant's submission, we are not persuaded
that his uncorroborated assertions of being medicine and symptom free,
in and by themselves, sufficiently persuasive to override the
rationale provided by the Air Force. Therefore, we agree with the
opinion and recommendation of the Air National Guard office of primary
responsibility and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain his burden of having
suffered either an error or injustice. While he focused on his
alleged misdiagnosis of bipolar disorder as the reason for his
discharge and ineligibility for reenlistment, we noted the additional
diagnosis of Recurrent Major Depression and noticed several instances
in his record where he was hospitalized for suicide attempts. Any
difference of opinion between the Air Force and civilian mental health
professionals is still whether or not the applicant’s condition is
disqualifying for military service. While the applicant appears to be
doing well, there is no evidence that he would not experience
recurring symptoms when exposed to the rigors of military service.
Therefore, in the absence of persuasive evidence to the contrary, we
find no compelling 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 AFBCMR Docket Number BC-
2005-03582 in Executive Session on 11 July 2006, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Ms. Mary C. Puckett, Member
Ms. Josephine L Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Nov 05, w/atchs.
Exhibit B. Letter, ANG/A1POF, dated 10 May 06.
Exhibit C. Letter, SAF/MRBR, dated 19 May 06.
Exhibit D. Letter, APPLICANT, dated 14 Jun 06, w/atch.
THOMAS S. MARKIEWICZ
Panel Chair
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