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AF | BCMR | CY2006 | BC-2006-02481
Original file (BC-2006-02481.doc) Auto-classification: Denied

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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