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 applicants 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 applicants 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 applicants 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 applicants Report of Medical Examination, dated 9 Jun 09,
reflects that he was medically disqualified for worldwide duty.
The applicants 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
applicants 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 applicants
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
surgeons 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 persons
performance meets standards. It is noted the applicants
separation was clearly based on an incorrect diagnosis as the ANG
SGs 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 Advisors 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 Advisors 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 Boards actions and this Board is prohibited by equity
from making a correction to a record that is detrimental to an
individual. As such, the applicants 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
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