RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02481
COUNSEL: DVA
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 05 FEBRUARY 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Existed Prior to Service deduction be removed so that he can be
medically retired with a 30% disability rating.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The EPTS Block 23F on Form 618 was checked “No” and believes that
subsequent Physical Evaluation Boards (PEB) erroneously applied EPTS
factors to his condition. He is now 100% disabled as it should have been
determined at the time of his separation.
In support of his application, applicant submits AF Form 618, a PEB summary
statement and Department of Veteran’s Affairs (DVA) documents.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on May 4, 1981 and served
as an Airman First Class. After being identified with a psychiatric
condition in January 1983, he met a Medical Evaluation Board (MEB) on
February 9, 1983 and an Informal Physical Evaluation Board (IPEB) on
February 17, 1983, which recommended that the applicant be discharged with
severance pay. The applicant was disability discharged with severance pay
with a 20% disability rating (30% less 10% Existed Prior to Service (EPTS)
factor) on April 7, 1983 for Bipolar Disorder. He served 1 year, 11 months,
and 4 days of active duty.
Prior to military service, applicant was hospitalized for three months at
age 17 in 1974 and treated with anti-psychotic medications. About two years
later, he saw an orthomolecular psychiatrist on four occasions in 1976-1977
for family difficulties and had seven additional visits with a
psychological counselor through July 25, 1978. On the advice of the
psychiatrist, he stooped the medications he had been taking for two years
and was given nutritional advice, including vitamin B6 and reduced sugar
intake.
At the time of his entry physical (SF93) on November 129, 1980, member
disclosed that he was hospitalized for three months for emotional problems,
which he attributed to a chemical imbalance. The orthomolecular
psychiatrist in a letter dated November 5, 1980 supported the applicant’s
entry into military service, with a caveat that he hadn’t seen the
applicant in over two years.
The applicant was hospitalized in January 1983 due to pressured speech,
grandiosity, inability to sleep and a recent spending spree. At this
hospitalization, the diagnosis of Bipolar Disorder became apparent.
During the MEB evaluation on January 28, 1983, a second Air Force
psychiatrist contacted the orthomolecular psychiatrist who had previously
seen the applicant. The diagnosis at that time was “Adjustment Disorder or
Adolescence.” The attending Air Force psychiatrist felt that the symptoms
described by the orthomolecular psychiatrist did not appear to be the same
disorder he was facing during the Air Force hospitalization and that the
two disorders were not necessarily related.
Following discharge, the DVA records refer to his pre-service history of
mental illness noting repeated psychiatric hospitalizations and treatment
with antipsychotic medications for “nervous breakdown”. The DVA concluded
the applicant’s Bipolar Disorder existed prior to service and applied
rating deductions through the years.
The remaining medical facts are contained in the BCMR Medical Consultant’s
evaluation at Exhibit C.
____________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant is of the opinion that no change in the records
is warranted. While the applicant asserts he was never formally diagnosed
as having Bipolar Disorder prior to entering the service, he clearly had a
mental health condition which, by his own admission, was similar to the
symptoms he experienced when he was hospitalized as a teenager.
Furthermore, he manifested remitting and relapsing pattern commonly
observed in this condition and required extensive psychiatric treatment
including prolonged psychiatric hospitalization and treatment with
antipsychotic medications.
In accordance with policy, the PEB applied a rating deduction (“EPTS
factor”) commensurate with the estimated pre-service severity at the time
of entry (mild) and progression not due to service. Thus the 10% deduction
was appropriate, given the applicant’s longstanding history of mental
health disorders including evidence of symptoms immediately proceeding
enlistment.
The preponderance of the evidence of the medical records clearly show a
history of severe mental illness requiring repeated and prolonged
hospitalization and treatment with antipsychotic medications existing prior
to military service consistent with his subsequent diagnosis of Bipolar
Disorder. The rating deduction by the PEB was in accordance with policy for
rating EPTS service conditions aggravated by military service. Action and
disposition in this case are proper and reflect compliance with Air Force
directives which implement the law.
BCMR Medical Consultant's complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant and
counsel on 27 September 2006 for review and comment within 30 days. As of
this date, this office has received no response.
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 an error or injustice warranting a change in his disability
discharge with severance pay with a 20% disability rating to a medical
discharge. Applicant’s contentions are duly noted; however, we agree with
the opinions and recommendation of the BCMR Medical Consultant and adopt
his rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. The evidence in the medical
records showed a history of severe mental illness requiring repeated and
prolonged hospitalization and treatment existing prior to military service
consistent with his diagnosis of Bipolar Disorder. Therefore, in the
absence of 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 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-BC-2005-
02481 in Executive Session on 29 November 2006, under the provisions of AFI
36-2603:
Mr. Michael K. Gallogly, Chair
Ms. Janet I. Hassan, Member
Mr. Richard K. Hartley, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Aug 2005, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 25 Sep 06.
Exhibit D. Letter, SAF/MRBR, dated 27 Sep 06.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD 20762-7002
Reference your application submitted under the provisions of AFI 36-
2603 (Section 1552, 10 USC), AFBCMR BC-2005-02481.
After careful consideration of your application and military
records, the Board determined that the evidence you presented did not
demonstrate the existence of material error or injustice. Accordingly,
the Board denied your application.
You have the right to submit newly discovered relevant evidence for
consideration by the Board. In the absence of such additional evidence,
a further review of your application is not possible.
BY DIRECTION OF THE PANEL CHAIR
RALPH J. PRETE
Chief Examiner
Air Force Board for Correction
of Military Records
Attachment:
Record of Board Proceedings
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