RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03444
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reentry (RE) Code of 2Q (Personnel Medically Retired or
Discharged) on his DD Form 214, Certificate of Release or
Discharge from Active Duty, be changed so he can apply to the
military.
________________________________________________________________
APPLICANT CONTENDS THAT:
The reason he received a medical discharge was due to insomnia.
He had insomnia because the Air Force had him take Percocet for
two years awaiting shoulder surgery. The insomnia resulted in
depression. His PEB unjustly focused on the depression instead
of the insomnia. The Department of Veterans Affairs (DVA) even
believes his discharge is unjust because they denied his claim
for service connection for his mood disorder. He was also told
prior to his discharge that he would be able to re-enlist.
In support of his request, the applicant provides copies of his
DD Form 214 and a copy of the DVA evaluation of his claim for
disability compensation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force on 29 Aug 06.
On 13 May 09, the applicant sought help from the mental health
clinic. He had a history of several months of depressive
symptoms, including insomnia, difficulty concentrating,
homesickness, low energy, fatigue, not enjoying things, and
visual and auditory hallucinations. He reported that
hallucinations had been a problem for many years, starting when
he was about six years old. His hallucinations got worse for
two or three months prior to his first appointment at the
medical clinic. He began to fear he might be possessed by
demons and he became frightened of ghosts.
On 26 Feb 10, the applicant met an Informal Physical Evaluation
Board (IPEB) and was diagnosed with Major Depressive Disorder,
with Psychosis, Single Episode, In Remission, requiring
continuous medication and Psychotic Disorder, Not Otherwise
Specified (NOS), Existed Prior to Service (EPTS) without
Permanent Service Aggravation, Resolved and requiring continuous
medication. The IPEB found the applicant unfit and recommended
he be discharged with severance pay with a combined compensable
disability rating of ten percent.
On 3 Mar 10, the applicant non-concurred with the findings and
recommendations of the IPEB contending that his condition did
not make him unfit for duty, and requested a formal hearing of
the case.
On 3 May 10, a Formal PEB (FPEB) confirmed the diagnosis of the
IPEB. They noted that his Major Depressive Disorder with
Psychosis was being treated with anti-depression medication and
was in remission. His diagnosis of Psychotic Disorder NOS,
which existed prior to service, is resolved with anti-psychotic
medication and was not permanently aggravated by military
service. The FPEB acknowledged the applicant was not currently
precluded from performing his duties as an Aircraft Structural
Maintenance Journeyman in-garrison. However, his conditions and
their treatment limited his availability for world-wide
deployment and were unsuited to the long-term requirements and
rigors of military life. The FPEB recommended a medical
discharge with severance pay with a combined compensable
disability rating of ten percent.
On 3 May 10, the case was determined to be legally sufficient.
The applicant was advised of the findings and recommendations of
the FPEB and his appeal rights; he concurred with the findings.
On 6 May 10, the Air Force Personnel Council, on behalf of the
Secretary of the Air Force, directed the applicant be separated
from active service with severance pay for physical disability.
On 23 Aug 10, the applicant was honorably discharged for
physical disability, received $12,564 in disability severance
pay, issued an RE Code of 2Q, and was credited with 3 years,
11 months, and 25 days of active service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial, indicating there is no evidence of
an error or injustice. Upon examination in Nov 10, the DVA
examiner noted no evidence of any diagnosable mental disorder.
Because there was no demonstrated permanent residual or chronic
disability, the DVA denied service connection for the
applicants condition. The applicant bases the contention in
his application on the fact that the DVA denied service
connection for his mental health conditions. However, service
disability adjudications are a moment in time. The PEB must go
with the conditions at the time of the case. Therefore, it is
not unusual to see differences in conditions between the
Department of Defense Disability Evaluation System and the DVA
examination. They operate under separate laws. Moreover, the
DVA rates service connected disabilities in an on-going fashion.
By contrast, the service PEBs rate only the unfitting disability
as it exists at the time of the board.
The applicant also stated that he was informed by his MPF prior
to discharge that he could reenlist. If the applicant was told
this, it was in error. The 2Q RE code is the correct code for a
medical discharge and this code precludes future military
service.
The preponderance of evidence reflects that no error or
injustice occurred during the disability process. Further,
while the members condition may still be in remission, as it
was at the time of his DES processing, it is the opinion of this
office that he remains at risk of recurrence of these mental
health conditions and the medications for treating these
conditions are unsuited to military service.
A complete copy of the AFPC/DPSD evaluation is at Exhibit C.
AFPC/DPSOA recommends denial with respect to the applicants RE
Code. The RE code 2Q is required per AFI 36-2606, Reenlistments
in the USAF, Chapter 3, based on his disability discharge. The
applicants DD Form 214 reflects his RE code at the time of
separation.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
His insomnia became worse when he stopped taking Percocet after
taking it for 2 years. Percocet is a narcotic known to have
side effects, to include insomnia. Insomnia can cause
hallucinations and trouble thinking. The Air Force failed to
provide adequate means to address his shoulder injury for two
years. His shoulder problems began around November 2006, and
the Air Forces approach of using physical therapy and Percocet
failed to work until he finally had shoulder surgery around
February 2009. He stopped taking Percocet in Mar 09. The most
he slept was four hours a night. When he sought help for
hallucinations, the doctors overlooked the fact that was on a
narcotic for over two years. There were no sleep studies done
to verify the fact that he was having problems sleeping. He
loved his job, but it was unjustly taken away because he could
not think properly while lacking sleep.
A complete copy of the applicants response is at Exhibit E.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicant's complete submission, including his
response to the Air Force evaluations, in judging the merits of
the case. However, the preponderance of evidence reflects that
no error or injustice occurred during the disability process.
Therefore, we agree with the opinions and recommendations of the
Air Force offices of primary responsibility (OPRs) and adopt
their rationale as the basis for our conclusion the applicant
has not been the victim of an error or injustice. Therefore, in
the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
applicant was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with the
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-03444 in Executive Session on 13 March 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-03444 was considered:
Exhibit A. DD Form 149, dated 16 Sep 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 7 Oct 11.
Exhibit D. Letter, AFPC/DPSOA, dated 31 Oct 11.
Exhibit E. Letter, Applicant, undated.
Panel Chair
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