RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00950
		INDEX CODE:  111.05, 131.01
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her Officer Performance Report (OPR) rendered for the period 12 Jul 96 through 11 Jul 97 be removed from her records and she be considered by Special Selection Board (SSB) for promotion to the grade of lieutenant colonel.

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APPLICANT CONTENDS THAT:

The OPR reflects a decline in duty performance that was later determined to have been caused by an undiagnosed, untreated medical condition that had a direct impact on her duty performance.  Once her condition was properly diagnosed and treated, she was able to perform her duties at her normal level.  She attempted to have the OPR removed by the Evaluation Reports Appeal Board (ERAB).  However, the ERAB determined that the report accurately reflected her performance during the period and denied her request.  The existence of the report in her records made her less competitive and hampered her opportunity to obtain a definitely promote (DP) promotion recommendation.  

In support of her request applicant provided a personal statement, documents associated with her ERAB appeal, memorandums from her physicians, extracts from her medical records, OPRs rendered for the period 16 Jan 95 through 24 May 00; and, her Promotion Recommendation Forms (PRFs) for the P0599A, P0599B, and P0500A selection boards.  Her complete submission is appended at Exhibit A.

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STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on 14 May 83.  She was voluntarily ordered to extended active duty (EAD) on 25 Jul 83 and was integrated into the Regular Air Force on 7 Nov 86.  She has been progressively promoted to the grade of major, having assumed that grade effective and with a date of rank of 1 Dec 94.  

She was considered and not selected for promotion to the grade of lieutenant colonel by the Calendar Year (CY) 99A, CY99B, and CY00A Central Lieutenant Colonel Selection Boards, which convened on 19 Apr 99, 30 Nov 99, and 28 Nov 00, respectively.  She currently has an established date of separation (DOS) of 31 Jul 07.

Her OPR profile since promotion to the grade of major is as follows:

		PERIOD ENDING		OVERALL EVALUATION

			15 Jan 96			MEETS STANDARDS (MS)
			11 Jul 96				MS
			11 Jul 97 *				MS
			11 Jul 98 #				MS
			11 Jul 99 ##				MS
			24 May 00 ###				MS

* - Contested Report
# - Top OPR for CY99A Board
## - Top OPR for CY99B Board
### - Top OPR for CY00A Board

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AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed applicant's request and recommends denial.  The Medical Consultant states that records are clear in showing she had a long history of depression from the early 1990s which required outpatient treatment and hospitalization for control.  She obtained some relief with antidepressant medication, but subsequently became more depressed and was hospitalized in June and September 1996.  Important to this history are reportedly normal thyroid function tests performed during the June hospitalization.  The long-standing depression cannot be traced solely to her thyroid condition.  Aggravation of her mood disorder may occur with hypothyroid states which followed initiation of lithium therapy but may well have resulted from an unrelated inflammatory process in the gland.  Lithium therapy, itself, may lead to depression, being a drug primarily used in manic states, a condition not exhibited by the applicant prior to initiation of therapy.  The time period covered by the contested OPR clearly cannot be linked to the lithium treatment/thyroid condition.  Hypothyroid states are unpredictable as to the onset and severity of related effects on individuals.  To lay the entire issue of cause for the questioned report on this hormonal abnormality is improper and likely invalid.

In the rater's letter supporting the applicant's request it is stated that the rater discussed the applicant's depression with her psychiatrist.  This occurred prior to onset of lithium treatment and subsequent development of hypothyroidism.  The rater states that the problems that led her to write an average OPR were caused by a medical condition over which the applicant had no control.  If the rater is assuming that the applicant suffered from hypothyroidism the entire period of the OPR cycle, she has been misinformed and has reached invalid conclusions.  

The Medical Consultant states that he cannot accept the premise of this request despite the treating psychiatrist's and internist's comments that seem to implicate the thyroid as the sole reason for the applicant's long-standing depression.  Treatment for the thyroid condition does not appear to have eliminated the depression.  On-going treatment and therapy for this condition has reached into the 6th year indicating little likelihood of resolution of this major depressive disorder (see Exhibit C).

The Acting Chief, Promotion, Evaluation, and Recognition Division, AFPC/DPPP, reviewed applicant's requests and after summarizing the facts of the case, recommends denial (see Exhibit D).

The Chief, Officer Promotions, Appointments, and Selective Continuation Branch, AFPC/DPPPO, reviewed applicant's request; agrees with the findings of the ERAB and DPPP; and, recommends denial (see Exhibit E).
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and states that the Air Force position in this matter has consistently been that “evaluation reports are considered accurate when written” regardless of any underlying reason for that performance.  She reiterates her contentions and states that the BCMR Medical Consultant mistakenly claims that she continues to take anti-depressant medications to this date.  This statement is false, she has not taken any anti-depressant medications since March 1999.  He emphasizes the existence of “reportedly normal thyroid function tests” in June 1996 and refutes the idea that hypothyroidism could exist when laboratory tests are normal.  She provided a letter from her physician which explains the existence of “subacute hypothyroidism” in which a patient has a low-functioning thyroid even when the blood tests appear normal, which was true in her case.  His conclusion that the depression was unrelated to thyroid disease and that the depression was the cause of decreased performance during the reporting period is internally inconsistent in the context of his overall evaluation.  Applicant asks the Board to carefully review the medical opinions that she submitted with her request in contrast with the BCMR Medical Consultant who with no factual basis proclaims that not only does she continue to take anti-depressants but that her condition is so severe that medical evaluation board (MEB) processing is warranted.

With regards to the DPPP advisory, she states that when she submitted her application to the ERAB she requested a statement from her additional rater.  He stated that he thought the most important supporting documentation was the letter from the rater and that he believed her package was sufficiently strong enough to warrant relief without a letter from him.  At the time of the OPR in question, the reviewer did not even know her.  He served as reviewer at the Air Force Judge Advocate General’s School but she never had any interaction with him.  When she later moved to the Air University, he became her additional rater for the OPR immediately following the contested OPR and lauded her performance. 

In further support of her request applicant provided additional memorandums from her physicians.  Her complete submission is appended at Exhibit G.

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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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable injustice.  Notwithstanding the fact that the contested Officer Performance Report (OPR) was an accurate assessment of her performance during the period in question, we believe that favorable consideration of her request is warranted.  In this respect, given the unequivocal support from senior Air Force officers who were in position to directly observe her performance; and, the disparity between the contested OPR when compared with her previous and subsequent OPRs, we believe a reasonable doubt has been established as to whether or not the OPR accurately portrayed her ability to serve in the next higher grade to selection board members.  Evidence provided has led us to believe that there was a misdiagnosis of her medical condition that impacted her rater’s ability to prepare an OPR that fairly reflected an assessment of her abilities and performance.  In consideration of all of the circumstances of this case it is our opinion that the benefit of any doubt in this matter should be resolved in her favor.  Accordingly, we recommend that her records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the Field Grade Officer Performance Report (OPR), AF Form 707a, rendered for the period 12 July 1996 through 11 July 1997, be declared void and removed from her records.

It is further recommended that she be considered for promotion to the grade of lieutenant colonel by Special Selection Boards for the Calendar Year 1999A (CY99A) Central Lieutenant Colonel Selection Board, and for any subsequent board for which the OPR closing 11 July 1997 was a matter of record.

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The following members of the Board considered this application in Executive Session on 26 Sep 01, 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:

     Exhibit A.  DD Form 149, dated 2 Apr 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, dated 15 May 01.
     Exhibit D.  Letter, AFPC/DPPP, dated 12 Jul 01.
     Exhibit E.  Letter, AFPC/DPPPO, dated 12 Jul 01.
     Exhibit F.  Letter, SAF/MIBR, dated 27 Jul 01.
     Exhibit G.  Letter, Applicant, dated 30 Aug 01, w/atchs.

					
								Panel Chair

AFBCMR 01-00950

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show the Field Grade Officer Performance Report (OPR), AF Form 707a, rendered for the period 12 July 1996 through 11 July 1997, be, and hereby is, declared void and removed from her records.

	It is further directed that she be considered for promotion to the grade of lieutenant colonel by Special Selection Board for the Calendar Year 1999A (CY99A) Central Lieutenant Colonel Selection Board, and for any subsequent board for which the OPR closing 11 July 1997 was a matter of record.

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency