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AF | BCMR | CY2007 | BC-2006-02432
Original file (BC-2006-02432.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02432
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NOT INDICATED


MANDATORY CASE COMPLETION DATE:  15 FEBRUARY 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation code and narrative reason for discharge be  corrected
to reflect “Bipolar Disorder.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was misdiagnosed as having a “Personality Disorder.”  The  correct
diagnosis is “Bipolar  Disorder.”   He  has  been  denied  access  to
Veterans Affairs (VA) medical facilities.

In support of his appeal, applicant submitted a copy of his  DD  Form
214, medical documentation  and  an  award  letter  from  the  Social
Security  Administration,  Retirement,   Survivors   and   Disability
Insurance.

Applicant’s complete submission, with attachments, is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  enlisted  in  the  Regular  Air  Force   (RegAF)   on
23 February 1994, as an airman basic (AB) for a period of four years.

On 19 September 1994, the applicant received  a  Letter  of  Reprimand
(LOR) for consuming alcohol while under the age of 21.  His punishment
consisted of a reduction to the grade of AB, suspended until 18  March
1995 and 30 days of correctional custody.

On 19 December 1994, the applicant’s commander  notified  him  he  was
recommending him for discharge from the Air Force for having
a mental disorder that interfered with military service.  The specific
reason for the discharge action was:

             On  17  November  and  6  December  1994,  the  applicant
underwent psychological evaluation and  was  diagnosed  as  having  an
adjustment disorder with depressed  mood,  personality  disorder  with
avoidant borderline and obsessive compulsive features.

The commander advised the applicant of his  right  to  consult  legal
counsel and that military legal counsel had been  obtained  for  him;
submit statements in his own behalf;  and  that  failure  to  consult
counsel or to submit statements would  constitute  a  waiver  of  his
right to do so.

On 19 December  1994,  the  applicant  acknowledged  receipt  of  the
notification of discharge and after  consulting  with  legal  counsel
waived his right to submit statements.

On 20 December 1994, the base legal  office  reviewed  the  case  and
found it leally sufficient to support separation and recommended  the
applicant be discharged with an honorable discharge without probation
and rehabilitation.

The discharge authority approved  the  separation  and  directed  the
applicant be discharged with an honorable discharge without probation
and rehabilitation.

Applicant was discharged from the Air Force on 29 December 1994 under
the provisions of AFI 36-3208, Administrative Separation  of  Airmen,
with an honorable discharge.  He was credited with  10 months  and  7
days of active duty service.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical  Consultant  recommends  the  requested  relief  be
denied.  The Medical Consultant states Bipolar Disorder is an  illness
characterized by periods of sustained disruption of  mood,  associated
with distortions of perception, somatic functioning, and impairment in
social functioning.  That age of onset is typically between  the  ages
of 15 and 30.  Bipolar  Disorder  is  a  chronic  illness  that  often
evolves over a prolonged period of time before diagnosis, marked by  a
course  of  relapses  and  remission.   It  is  commonly  preceded  by
personality disorders which gradually worsen over time.

The  Secretary  of  Defense  has  designated  certain  conditions  and
defects, including personality disorder,  of  a  nature  that  do  not
constitute a physical disability and are not ratable in the absence of
an underlying ratable causative disorder.  In the
applicant’s case his personality disorder  was  considered  unsuitable
for service, but was not considered compensable.

The medical consultant further states the applicant’s records show the
applicant’s bipolar disorder was not present prior to  his  separation
from active duty.

The AFBCMR Medical Consultant’s complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
20 June 2007, for review and response.  As of this date,  no  response
has been received by this office.

_________________________________________________________________

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 an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of  the  Medical
Consultant and adopt his rationale as the basis for our decision  that
the applicant has failed to sustain his burden that  he  has  suffered
either an error or an injustice.   The  applicant  is  requesting  the
narrative reason  for  discharge  be  corrected  to  reflect  “Bipolar
Disorder.”  The applicant was diagnosed with Personality Disorder  and
was separated from the Air  Force  because  his  Personality  Disorder
interfered with his military service.  In accordance  with  Air  Force
policy and instruction Personality Disorders are considered unsuitable
for active duty service, but does not constitute a physical disability
for compensation.  The applicant’s personnel and  medical  records  do
not reflect he was diagnosed with Bipolar  Disorder  while  on  active
duty or at the time of his separation from active duty.  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 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-
2006-02432 in Executive Session on 18 July 2007 under  the  provisions
of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Barbara R. Murray, Member
                       Mr. Richard K. Hartley, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 25 Aug 06, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated
               19 Jun 07.
   Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 07.




                                        THOMAS S. MARKIEWICZ
                                        Chair

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