Search Decisions

Decision Text

AF | BCMR | CY2011 | BC-2011-04598
Original file (BC-2011-04598.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04598 

 COUNSEL: 

 HEARING DESIRED: YES 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His records be corrected to reflect he was worldwide qualified 
and was not discharged from the Oklahoma Air National Guard for 
being medically disqualified. 

 

2. His NGB Form 22, Report of Separation and Record of Service, 
be corrected to reflect he was honorably discharged with an 
authority and reason for separation of “Secretarial Authority.” 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

In a 15-page brief, the applicant’s counsel makes the following 
key contentions: 

 

1. He was discharged for being unfit because of mental health 
reasons; however, it was determined that he did not have any 
illnesses that met the criteria in the Diagnostic and Statistical 
Manual or Mental Disorder (DSM IV) and should not have been 
discharged. 

 

2. He was diagnosed with “paranoid personality traits,” but this 
was based on his clear discomfort with being evaluated by the 
mental health professionals. It should be noted that he was 
improperly referred to mental health by his commander. 

 

3. He completed undergraduate pilot training (UPT); however, his 
commander thought his progress in the Mission Certification 
Training (MCT) was too slow and determined that there must be 
some mental health issue slowing his progress. His commander 
strongly suggested that he discuss his difficulties with the 
Flight Surgeon. Subsequently, after a one hour mental health 
session and without any testing, it was speculated that he had an 
Adjustment Disorder Not Otherwise Specified. 

 

 

 

 

 

4. He initially cooperated with the evaluations that were being 
conducted; however, after he realized he was being evaluated for 


a mental health issue as opposed to an education type testing and 
training to see why he was freezing up in the cockpit, he became 
resistant to the process. 

 

5. Later, he was diagnosed with an adjustment reaction with brief 
depressive reaction. The physician that was evaluating him was 
not a mental health processional, so he stated that he could not 
provide a further recommendation on the applicant’s return to 
flying status and requested he be further evaluated. 

 

6. He was evaluated by another licensed psychologist who found 
that he did not meet the criteria for any mental illness 
condition. The physician further noted that all the instances 
where the applicant struggled to make sense of the process and/or 
was because he was resistant to being referred into the mental 
health process. The physician opined that the applicant did 
manifest maladaptive personality traits. 

 

The physician also noted that the applicant had qualities that 
would continue to make him an otherwise valuable asset with the 
NGB. Despite this recommendation and the prior notation that he 
would be a valuable asset, the applicant was found medically 
disqualified for worldwide duty on 9 Jun 09. 

 

7. Further, certain requirements must be met before an officer 
may be discharged for being medically disqualified. The criteria 
is provided on pages 13 and 14 of the personal statement (see 
Exhibit A). 

 

8. Finally, because the applicant’s removal was made in error, it 
should be reversed. He should be designated worldwide qualified 
and his record should be corrected to reflect that he received an 
honorable discharge by reason of Secretarial Authority so that he 
may continue his career in the Air Force. 

 

In support of his request, the applicant provides a supplemental 
statement and excerpts from his personnel and medical records. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served in the Air National Guard (ANG) on active 
duty for a period of 4 years, 7 months, and 24 days. He 
completed KC-135R MCT on 20 Nov 08. On 6 Mar 08, his commander 
directed he be downgraded for cause to Unqualified Pilot IAW AFI 
11-202V2 due to lack of progress through MCT and because his 
performance was below satisfactory. He was recommended to 
receive a formal mental health evaluation based on personal 
observations. The applicant did not have any pending 
administrative action or judicial/non-judicial punishment outside 
of the medical process to determine his fitness for duty. 


 

 

On 2 Jun 09, the applicant was diagnosed with the following: 

 

 Axis I: No Diagnosis 

 Axis II: Paranoid Personality Traits 

 Axis III: None 

 Axis IV: Occupational Problem 

 Axis V: 61 (Difficulty in Social and Occupational Functioning) 

 

The applicant’s Report of Medical Examination, dated 9 Jun 09, 
reflects that he was medically disqualified for worldwide duty. 

 

The applicant’s NGB Form 22, dated 3 Dec 09, shows the authority 
and reason for his discharge as AFI 36-3209, paragraph 2.16, 
physical disqualification, with a Separation Program Designator 
(SPD) of “JFJ.” He was credited with 14 years, 2 months, and 
7 days of total service for pay. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

NGB/SGPF recommends partial-relief. They recommend the 
applicant’s commander and the discharge authority review AFI 36-
3209, Separation and Retirement Procedures for Air National Guard 
and Air Force Reserve Members, (Table 2.1) Voluntary or 
Involuntary discharge and Dropping Commissioned and Warrants from 
the Rolls of the Air Force, and reconsider for substandard 
performance of duty. Although the applicant did not have a 
disqualifying Axis I diagnosis, he did have an Axis II that may 
be considered unsuitable for further military duty. 

 

SGPF recommends permanent disqualification for Flying Class 
duties in accordance with the governing regulation and the 
Aircrew Waiver Guide, respectively, due to lack of progression 
through Mission Certification Training (MCT). 

 

The complete SGPF evaluation is at Exhibit B. 

 

NGB/A1PS concurs with the subject matter expert (SME) advisory 
and recommends partial-relief as recommended by SGPF. 

 

The complete A1PS evaluation is at Exhibit C. 

 

The BCMR Medical Advisor recommends granting the applicant’s 
request to change his records. In this respect, the applicant 
showed some signs of anxiety in the cockpit while being under 
stress during his upgrade in the aircraft, which affected his 
performance. The flight surgeon initially diagnosed the 
applicant with an Adjustment Disorder, which was an accurate 
diagnosis when symptoms of a mood disorder follow stressful, or 


anxiety provoking, events, such as flight training. However, the 
flight surgeon is not a mental health provider so he requested 
consultation with Aeromedical Consultation Service. The mental 
health evaluation found the applicant as having an Adjustment 
Disorder (“Axis I: No diagnosis”). This does not mean the flight 
surgeon’s initial diagnosis was wrong; it only means that with 
more information, a more precise diagnosis was possible, which 
happens often. However, in this case, the applicant was 
grounded, eventually medically disqualified, and separated from 
the ANG, for the original diagnosis, which he does not have, and 
which was refuted by a mental health provider. 

 

The applicant has subsequently demonstrated his ability to become 
rated in a complex aircraft. However, it is not within the 
expertise of the Medical Advisor to conclude whether this aviator 
can function safely and effectively in a military aircraft. 
Nevertheless, there are administrative processes in place, such 
as Flight Evaluation Boards, which can determine if a person’s 
performance meets standards. It is noted the applicant’s 
separation was clearly based on an incorrect diagnosis as the ANG 
SG’s office did not have the most current information when they 
made that decision. 

 

The applicant does not have a diagnosis that disqualifies him 
from worldwide duty. His diagnosis, by itself, does not 
automatically disqualify him from flight duties, although it 
cannot be determined if the Axis II diagnosis of personality 
trait affects him sufficiently that he cannot qualify to fly 
military aircraft. 

 

The complete BCMR Medical Advisor’s evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 24 Jul 12 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 timely filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. After a 
thorough review of the evidence of record and that provided by 
the applicant, it appears the ANG Surgeon General did not have 


the most current information to make a sound decision in 
determining whether the applicant was fit for duty or worldwide 
qualified. Further, the applicant did not have a medical 
condition that disqualified him from flight duties as an aviator, 
as noted by the BCMR Medical Advisor. As a result, we agree with 
the BCMR Medical Advisor’s opinion and recommendation to change 
his records to show that he was discharged under “Secretarial 
Authority.” We took note of the NGB recommendation the applicant 
be disqualified from Flying Class duties IAW the governing 
instructions and the commander and discharge authority reconsider 
discharge action for substandard performance of duty; however, 
such follow-on administrative actions are not within the purview 
of the Board’s actions and this Board is prohibited by equity 
from making a correction to a record that is detrimental to an 
individual. As such, the applicant’s records should also reflect 
that he was worldwide qualified at the time of his discharge. 
Consequently, we recommend the records be corrected as indicated 
below. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that at the time of 
his honorable discharge on 3 December 2009 he was medically 
qualified for worldwide duty and discharged under “Secretarial 
Authority,” with SPD code of “JFF.” 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-04598 in Executive Session on 16 Oct 12, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

 

 

 

 

 

 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered in BC-2011-04598: 


 

 Exhibit A. DD Form 149, dated 11 Oct 11, w/atchs. 

 Exhibit B. Letter, NGB/SGPF, dated 12 Jun 12. 

 Exhibit C. Letter, NGB/A1PS, dated 2 Jul 12. 

 Exhibit D. Letter, BCMR Medical Advisor, dated 17 Jul 12. 

 Exhibit E. Letter, SAF/MRBC, dated 24 Jul 12. 

 

 

 

 

 

 Panel Chair 

 

 



Similar Decisions

  • AF | BCMR | CY2013 | BC-2012-01911

    Original file (BC-2012-01911.pdf) Auto-classification: Denied

    At the time she was discharged she had no idea that she was permanently disqualified from reentering a military service. The medical discharge is a false representation of her service in the Air National Guard (ANG). The complete A1PP evaluation is at Exhibit F. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 20 Dec 12 for review and comment within 30 days.

  • AF | BCMR | CY2011 | BC-2011-03304

    Original file (BC-2011-03304.txt) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: She should have been discharged via a Physical Evaluation Board (PEB) and should have received disability compensation given the severity of her medical conditions. The complete SGPF evaluation is at Exhibit B. NGB/A1PS concurs with the SGPF’s advisory and therefore recommends no action be taken unless the applicant can provide documentation showing her medical conditions were deemed service connected...

  • AF | BCMR | CY1998 | 9701109

    Original file (9701109.pdf) Auto-classification: Denied

    Never had there been a diagnosis of personality disorder by any provider at any time. A copy of the Air Force evaluation is attached at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant's counsel on 8 September 1997 for review and response within 30 days. After a thorough review of the evidence of record and applicant's submission, we are not persuaded that he should be returned to flight status or, that his medical...

  • AF | BCMR | CY2012 | BC-2012-04516

    Original file (BC-2012-04516.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04516 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code 6P (medically disqualified/pending waiver) be changed to allow him to reenter the service. Conditions which may seriously compromise the near-term well-being if an individual were to deploy are disqualifying for...

  • AF | BCMR | CY2013 | BC 2013 01608

    Original file (BC 2013 01608.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01608 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His discharge be changed to a medical retirement with the associated back pay. In support of his request, the applicant provides copies of medical documents, orders, a letter written by the XXXX Space Operations Squadron commander dated 26 March 2013, stating the applicant should have been allowed to...

  • AF | BCMR | CY2007 | BC-2006-03453

    Original file (BC-2006-03453.DOC) Auto-classification: Denied

    In support of his appeal, he has furnished copies of numerous documents corresponding with the office of Senator Bill Frist, a Medical Board Report, dated 6 December 2004, numerous medical documents from St. Thomas Hospital, The Heart Group, and his military medical records, a synopsis of his Guard Career, a Timeline, a letter of indebtedness from the 118 AW/FMFPM, dated 26 October 2005, his DD Form 214, dated 28 February 2005, SO RX-626, dated, 2 March 2003, and SO RX-368, dated 4 January...

  • AF | BCMR | CY2011 | BC-2011-03451

    Original file (BC-2011-03451.txt) Auto-classification: Approved

    ________________________________________________________________ THE AIR FORCE EVALUATION: NGB/A1PS recommends his NGB Form 22 be changed to reflect a medical separation and denial of a change to the RE code. The complete NGB/A1PS evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant/counsel on 18 Nov 11 for review and...

  • AF | BCMR | CY2013 | BC-2013-01157

    Original file (BC-2013-01157.txt) Auto-classification: Denied

    On 18 May 2011, NGB/A1PS found the applicant medically disqualified for worldwide duty for sleep apnea and requested a fitness evaluation. ________________________________________________________________ AIR FORCE EVALUATION: NGB/SGPA recommends denial of the applicant’s request for a medical retirement. Furthermore, the applicant was diagnosed with fibromyalgia and chronic fatigue syndrome in 2010 by the DVA but there is no documentation to support any service connected aggravation.

  • AF | BCMR | CY2013 | BC 2013 00741

    Original file (BC 2013 00741.txt) Auto-classification: Denied

    No further treatment records were included or available for review while this applicant was a member with the MT ANG. Thus, a medical condition that was not unfitting while in service, and was not the cause of separation or retirement, which may later progress in severity causing disability, or which was merely determined service connected by the DVA, is not a basis to retroactively grant a military medical retirement. Exhibit F. Letter, SAF/MRBC, 12 Dec 13.

  • AF | BCMR | CY2011 | BC-2011-02498

    Original file (BC-2011-02498.txt) Auto-classification: Denied

    The applicant's complete response is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR medical Consultant recommends denial of the applicant’s request to change the record to reflect that he was medically retired. The Medical Consultant found no nexus between the applicant’s ILOD injury of 1999 and his chronic lumbar condition, and noted a lack of evidence to demonstrate a chronic impediment to duty specifically due to...