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AF | BCMR | CY2007 | BC-2006-03480
Original file (BC-2006-03480.doc) Auto-classification: Denied

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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