RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03480
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 17 APRIL 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
Her reenlistment eligibility code of 2Q (Medically Retired or Discharged)
be changed to a code that would allow her to return to military service.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her discharge was inequitable. New research released by the Federal Drug
Agency (FDA) describes the adverse effects of medications prescribed her
during her treatment. The method used by military and civilian physicians
during her treatment resulted in a rapid deterioration of her mental
health. Over a 5-month period, she was exposed to six different types of
anti-depressants and anti-psychotics. Medications were switched and
monitoring of side effects was neglected. This resulted in her
experiencing adverse side effects to include suicidal thoughts, visual
hallucinations, auditory hallucinations and homicidal ideations. Several
FDA alerts have been issued on four of the six prescribed anti-depressants
prescribed to her.
She believes her treatment was highly influenced by the social climate in
response to a dependent-suicide and a suicide-murder of an Air Force couple
from her squadron as well as a suicide by an airman stationed at the
facility she was receiving treatment. Her condition continued to decline.
Her concerns were ignored and no justification was given as to why her
mental health continued to decline. Her request to see a civilian
therapist was declined without explanation. Her treatment was coercive at
one point and her parental rights were threatened.
The information pertaining to her progress is missing from the copy of her
medical records. Some of the case notes used in the Medical Evaluation
Board and VA appear to have been rewritten. She has included copies and
highlighted the discrepancies.
It has been four and one-half years since she was discharged from the Air
Force and she has not been under the influence of any anti-depressants nor
suffered any symptoms of depression and mental illness. She has enclosed
an extensive psychological evaluation of her current condition which shows
her metal health to be within normal range. She is raising her family,
working part-time and continuing her education using the Montgomery GI
Bill. She maintains a 3.2 GPA and has shown her ability to flourish in the
community. Her RE code of 2Q deems her ineligible to reenlist regardless
of branch. A waiverable code would make her eligible to honorably serve
her county again.
In support of her request, the applicant submits her personal statement,
character reference letters, copies of her medical records, copies of her
psychological evaluation, copies of food and drug administration alerts,
copies of her performance evaluations, and her unofficial college
transcripts.
The applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 19 May 99, the applicant enlisted in the Regular Air Force at the age of
20 in the grade of airman basic for a period of four years. Upon
completion of technical training school , she was assigned duties as an Air
Traffic Control (ATC) Apprentice.
On 9 Apr 02, officials within the office of the Secretary of the Air Force
determined the applicant physically unfit for continued military service
and directed that she be separated from active duty under the provisions of
10 USC 1203.
On 28 May 02, the applicant was honorably discharged in the grade of senior
airman for Disability with Severance Pay. She had served 3 years and 10
days on active duty.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant opines no change in the records is warranted.
During her entry physical examination on 3 Mar 99, the applicant reported
that she had received family grief counseling from Dec 98 to Feb 99 after
her sister's abduction and homicide the previous year. She was seen in the
Behavioral Science Clinic (BSC) for major depressive disorder on 30 Mar 01
and was subsequently removed from ATC duties. On 10 Apr 01, the applicant
reported she was doing much better. On 24 Apr 01, she claimed that she
felt sufficiently improved and no longer needed to return to the BSC. She
was seen for martial problems on 30 Oct 01 with follow up weekly over the
next month. After developing self-destructive thoughts, she was again
removed from ATC duties. On 27 Nov 01, Prozac was started. On 20 Dec 01,
she overdosed on aspirin and was admitted to a psychiatric hospital and
discharged on 22 Dec 01. She was then permanently disqualified from ATC
duties. On 10 Jan 02, a psychiatrist recommended changing her medication
from Prozac to Paxil. On 21 Feb 02, her method of contraception was
changed due to the cyclical changes noted with her depressive pattern. On
4 Mar 02, she reported having suicidal thoughts and was hospitalized in an
in-patient facility for three days. A provisional diagnosis of Bipolar II
disorder was given. On 13 Mar 02, she reported homicidal thoughts relating
to the BSC Flight Commander. She was hospitalized and discharged on 27 Mar
02 for major depression. She was again hospitalized in a civilian hospital
from 2 Apr 02 to 22 Apr 02. She was diagnosed with bipolar type II
disorder versus major depression and started on Celexa and Zyprexa.
In a letter to the Medical Evaluation Board (MEB), the applicant's
commander recommended she be separated from the Air Force due to the
inability to handle the stress associated with various assignments and
duties. On 3 Apr 02, the MEB referred the applicant to the Informal
Physical Evaluation Board (IPEB). On 8 Apr 02, the IPEB recommended the
applicant be discharged with a compensable rating of 10 percent (30 percent
disability rating, less 20 percent for contributing factors). These
"contributing factors" included her underlying personality disorder that
might be affecting compliance issues.
After discharge, the applicant had psychological testing done by a civilian
psychologist. He concluded that "Personality test results suggest that
more may be going on under the surface than the patient is willing to
address. This will need to be taken into account when considering the
patient's pursuit of a return to military service. If a return to such
service does occur, regular mental health appointments should take place to
ensure that patient maintains satisfactory emotional coping/functioning."
On 19 Sep 06, a VA psychiatrist stated that based on the history given by
the patient, it seems reasonable that she could reenter the workforce in
either the military or civilian sector. However, the applicant was
cautioned to seek help immediately if signs/symptoms of depression return.
The BCMR Medical Consultant notes the applicant was experiencing severe
symptoms of depression before initiating anti-depressant therapy, which is
exactly the reason why medications were started. He states while the
applicant may be correct that the anti-depressants could have worsened her
condition to the point of suicidality, nonetheless she had a severe
condition that was incompatible with the rigors of military service. He
declares the potential for deterioration may still exist and would be a
particularly relevant factor affecting the applicant's future service in
the context of the harsh operational conditions and physical stressors
confronting all members of today's Air and Space Expeditionary Force.
The complete BCMR Medical Consultant evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 25 Aug
07 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 error or injustice. After a thorough review of the evidence
of record, we are not persuaded that the applicant’s RE code should be
changed to a code which would allow her to return to military service. We
have noted the psychiatric evaluation provided for our review and although
both reports indicate the applicant is now doing well, they also exercise
caution should the applicant be placed under stress. Thus, we agree with
the opinion and recommendation of the BCMR Medical Consultant and adopt his
rationale as the basis for the conclusion that the applicant has not been
the victim of an error or injustice. 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 BC-2006-03480 in
Executive Session on 27 September 2007, under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Ms. Josephine L. Davis, Member
Mr. Don H. Kendrick, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Nov 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Med Consultant, dated 23 Jul 07.
Exhibit D. Letter, SAF/MRBR, dated 25 Jul 07.
JAMES W. RUSSELL III
Panel Chair
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