RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-04086

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

1.  His narrative reason for separation be changed to reflect he was medically retired.  

2.  He be credited with active duty pay for almost ten years of service.  

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APPLICANT CONTENDS THAT:

1.  He developed Wolf-Parkinson-White syndrome and schizophrenia while serving in the military.  Also, there is some sort of government conspiracy theory behind his military career because during his heart operation the Air Force placed a chip or bomb inside him.  Although he was hospitalized 13 times and lived in group homes for over three years due to his mental health, his medical conditions were erroneously determined not to be service connected.  

2.  He is still serving in the Air Force because a counselor told him he was still being protected.  

The applicant’s complete submission, with attachments, is at Exhibit A.  

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STATEMENT OF FACTS:

The applicant’s military personnel records indicate that he enlisted in the Regular Air Force on 27 Oct 99.  

On 23 Nov 99, the applicant was furnished an Entry-Level Separation with uncharacterized service, with a narrative reason for separation of “Failed Medical/Physical Procurement Standards.”  He was credited with 27 days of total active service.  

On 31 Aug 04, the applicant enlisted in the Air Force Reserve.  
On 19 Apr 06, a psychological evaluation determined the applicant was diagnosed with schizophrenia.  

On 6 May 06, an AF Form 422, Physical Profile Serial Report, indicated the applicant was non world-wide or deployment qualified.  He was placed on a “4” profile, which restricted him from reserve participation for pay or points until his fitness for continued military service was determined.  The expiration of his profile was 6 Nov 06.  

On 25 Jun 06, the applicant’s commander indicated there were no significant physical restrictions and the applicant should be allowed to perform un-restricted duty.  He preferred that the applicant be allowed to continue participation until his current enlistment concludes, and allow him to make a decision at that time.  

On 6 Nov 06, an AF Form 422, indicated the applicant remained non world-wide or deployment qualified.  He was continued on a “4” profile, with an expiration date of 6 May 07.  

On 6 Jan 07, the applicant underwent a fit for duty determination and the medical squadron recommended the applicant not be returned to duty and to undergo a medical evaluation board (MEB).  Specifically, the applicant had a disqualifying condition for continued military service.  He experienced a psychotic episode, which included hearing voices, which he acted upon.  Even though the applicant removed himself from the inciting stressors and was medication free, he demonstrated unexpected and inappropriate reactions to excessive stress, which made him a liability to himself, his fellow airmen, and the Air Force mission.  

On 9 Jan 07, according to his civilian medical records, the applicant was voluntarily admitted through the emergency room at the Sharon Regional Health System, due to his history of schizophreniform disorder (this was at least his third inpatient psychiatric admission).  Specifically, he was having auditory hallucinations and delusional thoughts related to religious preoccupation, also government, military, and Federal Bureau of Investigation (FBI) focus.  

On 16 Jan 07, the applicant indicated his understanding of the medical evaluation (ME) for military duty, he had nothing to submit for consideration and waived the minimum 60-day period because he wanted his case processed as soon as possible.  He requested his case be forwarded for review by the Informal Physical Evaluation Board (IPEB), solely for a fitness determination.  

On 22 Jan 07, the Chief, Physical Standards, indicated medical documentation submitted on the applicant was reviewed and a determination was made that he is medically disqualified for continued military duty in accordance with AFI 48-123, Medical Examinations and Standards, by reason of Bipolar Disorder.  
On 26 Feb 07, the applicant was found fit by the IPEB and the Secretary of the Air Force Personnel Counsel (SAFPC) directed the applicant be returned to duty.  

On 7 Mar 07, an AF Form 422, Physical Profile Serial Report, indicated the applicant was not world-wide qualified.  In addition, he was found medically disqualified for continued military duty; however, SAF determined he was fit for military duty.  The Air Force Reserve Component Surgeon General (HQ AFRC/SG) placed him in an assignment limitation code (ALC)-C status with the following restrictions:  Reserve participation unit training assembly (UTA) and annual tours (AT) at home duty station only; no duty assignments away from home station or under field conditions; may not perform man-days or attend formal schools.  These restrictions are permanent and may not be removed without prior approval from HQ AFRC/SG.  

On 30 Apr 07, the Air Force Reserve Command (AFRC) was informed that the applicant was a patient at the Primary Health Network’s Behavioral Health Services and was undergoing mental health medication management and outpatient psychotherapy.  

On an undated letter, the reserve medical unit commander notified the applicant’s commander that the applicant was found to have a medical condition which did not meet the medical standards in AFI 48-123, Medical Examination and Standards.  He had been placed on a “4” profile and restricted from reserve participation for pay or points.  He elected PEB for a fitness determination.  

On 8 Feb 08, the applicant indicated his understanding of the ME for military duty, he had nothing to submit for consideration and waived the minimum 60-day period because he wanted his case processed as soon as possible.  He requested his case be forwarded for review by the IPEB, solely for a fitness determination.  

On 8 Feb 08, the applicant underwent a fit for duty determination and the medical squadron recommended the applicant be separated from the Air Force.  Specifically, the applicant has a disqualifying condition where he experienced a psychotic episode, which included hearing and acting upon voices, which required continuous medication, and, despite this, has acute exacerbations.  His demonstrated reactions to excessive stress make him a danger to himself, his fellow airmen, and the USAF mission.  

On 12 Feb 08, the Chief, Physical Standards, determined the applicant was medically disqualified for continued military duty in accordance with AFI 48-123 by reason of Bipolar Disorder.  

On 13 Feb 08, AFRC determined the applicant was medically disqualified for continued military duty.  

On an undated member utilization questionnaire, the applicant’s commander recommended his separation given his potential for dangerous behavior.

On 23 Apr 08, the wing commander concurred with the commander’s recommendation, indicating the applicant’s return to duty would adversely affect the unit or wing mission.  

On 21 May 09, the applicant was honorably discharged and was issued an SPD code of “G26” (Physical Disqualification-Not Disability-Medically Disqualified for Worldwide Duty).  He was credited with 8 years, 9 months, and 24 days of total reserve service.  

On 13 Dec 12, the Air Force Discharge Review Board (AFDRB) considered the applicant’s request to change the narrative reason for separation and his reenlistment (RE) code.  However, after considering all the facts of record, the AFDRB concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and the applicant was provided full administrative due process.  The Board determined no legal or equitable basis existed for an upgrade of the applicant’s discharge and determined it should remain unchanged.  

The remaining relevant facts pertaining to this application are described in the letter prepared by the BCMR Medical Consultant, which is attached at Exhibit C.  

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial indicating there is no evidence of an error or injustice.  The applicant has had about three psychiatric admissions while serving in the Air Force Reserve since 2006, with each episode increasing in intensity.  Based upon the severity of the applicant’s third admission, he demonstrated a reaction to excessive stress which made him a danger to himself, his fellow airmen and the air force mission.  Therefore, he was recommended for separation from the Air Force.  In accordance with Department of Defense Instruction (DoDI) 1332.38, Physical Disability Evaluation, paragraph E2.1.20, “Non-duty related impairments of members of the Reserve components that were neither incurred nor aggravated while the member was performing duty, to include no incident of manifestation while performing duty which raises the question of aggravation and members with non-duty related impairments are eligible to be referred to the PEB for solely a fitness determination but not a determination of eligibility for disability”.  As such, there was no line of duty (LOD) determination found in the applicant’s medical records to support anything other than a “non-duty related impairment or condition.”  With this in mind, discharge under AFI 36-3209, Physical Disqualification, was appropriate; no errors or injustices are noted and a permanent medical retirement is not warranted.  

The military Disability Evaluation System (DES) was established to maintain a fit and vital fighting force.  By law, the DES can only offer compensation for those service incurred diseases or injuries which specifically render a member unfit for continued active service and were the cause for career termination; and then only to the degree of impairment present at the time of separation and not based on future occurrences.  Service members are considered unfit when the evidence establishes that a member, due to physical disability, is unable to reasonably perform the duties of his or her office, grade, rank, to include duties during a remaining period of Reserve obligation.  

The Medical Advisor is sensitive to the applicant’s potential need for continuing medical care and therefore encourages him to utilize the resources of the Department of Veterans Affairs (DVA) to the extent that he may be entitled.  The DVA is authorized to offer compensation for any medical condition determined service-incurred, without regard to and independent of, its demonstrated or proven impact upon a service member’s retainability, fitness to serve, narrative reason for separation, or the intervening or transpired period since the date of separation.  With this in mind, Title 38 U.S.C., which governs the DVA compensation system, was written to allow compensation ratings for conditions that were not considered unfitting during military service or at the time of separation.  Therefore, members can be found fit for release from military service and yet sometime thereafter, receive compensation ratings from the DVA for service-connected, but military non-unfitting conditions.  

The BCMR Medical Consultant’s evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He has been hospitalized 13 times and had three partial hospitalizations since 2006.  Although he is not sure what caused his problems, his thought disorder has had military based themes and he never had any problems until he joined the military.  He argues that the military was at least 50 percent at fault for his mental collapses.  However, as long as his illness is being controlled he could be a valuable asset to the military.  He was honored to serve in the Air Force, but his terrible illness has caused him to be separated.  He was unable to attend his AFDRB hearing and the Board made an adverse decision in his absence.  The Air Force does not seem to want to take any responsibility for his breakdowns but instead only wants to offer him treatment for conditions.  However, the Board indicated he served 8 years, 8 months, and 24 days of active duty time.  Since he does not have a DD Form 214, he is unable to determine if the time served is as a reservist or on active duty.  Also, approximately two years ago, a counselor asked him if he was receiving retirement pay because he was still in the Air Force Portal.  The confusion of how much time he actually served in the Air Force and the counselor’s question led him to believe he was still in the Air Force or possibly should be receiving medical retirement.  Therefore he thought he was due active duty pay.  

The applicant’s complete response is at Exhibit E.  

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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.  The applicant contends his health issues warranted a medical retirement but were determined not to be service connected.  However, after a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal response, we agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his rationale as the basis for our conclusion the applicant’s discharge was carried out in accordance with the prescribing directives.  While the applicant argues that his disqualifying conditions are at least partially related to his service, he has presented no evidence whatsoever that his conditions were incurred or aggravated by his military service.  Therefore, absent any evidence these non-duty related conditions were incurred or aggravated in the line of duty, there is no basis for us to recommend granting the relief sought in this application.  As for the applicant’s request for pay for almost ten years of service, he has provided no evidence whatsoever that would convince us that he has not been properly compensated for the service that he has rendered, nor has he provided any evidence that would convince us that he should be credited with additional service beyond that documented in his military personnel records.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.  

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2012-04086 in Executive Session 4 Feb 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 22 Mar 13, w/atch.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, BCMR Medical Consultant, 
	            dated 3 Jan 13.
	Exhibit D.  Letter, SAF/MRBR, dated 22 May 13.
	Exhibit E.  Letter, Applicant, dated 1 Jun 13 and 2 Jun 13. 




                                   
                                   Panel Chair

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