RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00996
		INDEX CODE:  108.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was not discharged by reason of physical disability with entitlement to severance pay on 9 Jun 00.

He be reinstated to active duty.

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APPLICANT CONTENDS THAT:

He was wrongfully diagnosed with asthma which caused him to be wrongfully discharged from the Air Force.

In support of his appeal, the applicant provided extracts from his military personnel records, medical documentation, to include a medical consultation ruling out the diagnosis of asthma, and documentation pertaining to his training at the Arizona Correctional Officer Training Academy.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was honorably discharged on 9 Jun 00 under the provisions of AFI 36-3212 (Disability, Severance Pay).  He was credited with 2 years, 4 months, and 26 days of active duty service.  He received $4,942.80 in severance pay.

The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of 
the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, reviewed this application and noted that the applicant served as a fuels journeyman, accumulating an inch-thick volume of medical records in his brief time in service.  He was treated for multiple complaints, not the least of which were panic attacks that required treatment with the anxiolyic agent Klonopin for much of his time in service.  These attacks were apparently tied to family relational and financial problems that finally resulted in divorce.  In the interim, however, he was seen for respiratory problems that were diagnosed as asthma in the spring of 1999.  Pulmonary function testing performed in the May-Jul 99 timeframe showed significant reactive airway changes with obstructive patterns being noted.  These tests, however, were not followed up with bronchodilator testing nor with a histamine challenge test which is widely used in determining individuals’ propensities for this disease.  Because of continuing need for medication to control his respiratory symptoms (inhalers and steroid bursts) he was presented to a Medial Evaluation Board (MEB) and referred to the Informal Physical Evaluation Board (IPEB) where the recommendation for separation with severance pay was made and accepted by the applicant.  The narrative summary for his disability evaluation is deficient in showing a significant history of asthmatic attacks although an emergency room visit to a civilian facility while he was still in the Air Force indicated some breathing problems but was related to a panic attack he was experiencing.  His problem did not interfere with the performance of his duties, and his commander had recommended retention to the disability boards. Since his discharge, he has completed a basic training course for work in the state correctional system and has had a thorough lung function testing performed, including the histamine challenge test that was completely normal.  Records show the panic attacks have diminished since his divorce and he apparently is no longer taking the Klonopin.

The Medical Consultant indicated that it does appear that the diagnosis of asthma was not well substantiated from review of his service medical records.  Rather, the anxiety and panic attacks seem to have played a larger role in his respiratory symptoms and findings, and this condition was not considered in the disability processing.  It would have mattered little as far as his continued service was concerned, as AFI 48-123, Attachment 2, Medical Standards for Continued Military Service, paragraph A2.12.2, defines anxiety (among other diagnoses) as disqualifying for continued military service if needing continuing psychiatric support.  Had this diagnosis been used instead of asthma, the result would likely have been the same:  discharge with severance pay at 10 percent disability for this disorder with mild social and industrial impairment, VASRD Code 9413, Anxiety Disorder, not otherwise specified.  According to the Medical Consultant, the records indicated the applicant gave a history of such anxiety problems that predated his military service.  He would, therefore, not be eligible for reinstatement per this same AFI which states such disorders are disqualifying for enlistment

The BCMR Medical Consultant is of the opinion that the records should be changed to remove any reference to asthma, exchanging, instead, the words, reactive airway disease, and the reason for discharge be changed to reflect anxiety disorder, not otherwise specified.  Reinstatement for further military service should not be approved.

A complete copy of the Medical Consultant’s evaluation is at Exhibit C.

The Physical Disability Division, AFPC/DPPD, reviewed this application and recommended denial.  DPPD indicated that the disability records reflected the applicant was presented before an MEB on 6 Apr 00 and his case was referred to an IPEB for evaluation.  The Board consequently found the member unfit for military service for his condition of asthma and recommended he be discharged with severance pay with a 10 percent disability rating.  The applicant agreed with their findings and recommendation and shortly thereafter, officials within the Office of the Secretary of the Air Force directed that he be discharged with entitlement to disability severance pay under the provisions of Title 10, USC, Section 1203.

DPPD stated that upon reviewing the Medical Consultant’s comments and recommendation, a conscious decision was made to present the individual's case to the IPEB to assess the new medical data provided by the applicant for a second opinion.  Having examined the preponderance of evidence, the IPEB unanimously determined that the medical documentation presented to the board at the time of his MEB unquestionably warranted a disability discharge.  While the new medical evidence may indicate a misdiagnosis, that cannot be said to a certainty.  As for his panic/anxiety disorders, there is not sufficient documentation to conclude that they were unfitting.  Based on conflicting medical opinions, it was determined that there is nothing to their knowledge that precludes the veteran from seeking entry on active duty via normal channels as a prior service enlistee.  It was determined that if he can meet enlistment standards, or get a waiver for them, he should be allowed to return to active duty.  The board strongly opposes that his military records be expunged to remove any reference to his asthma diagnosis, in the event that he is returned to active duty and the condition should reappear.

DPPD stated that although the member has provided some evidence that his asthma may have been misdiagnosed, the IPEB was not entirely convinced that he did not possess some asthma-like condition at the time of his MEB.  The board recommended that the member be allowed to apply for active duty where he can be reexamined within military channels, to determine if he can currently meet medical enlistment standards.

A complete copy of the DPPD evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 3 Aug 01 for review and response.  As of this date, no response has been received by this office (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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  The evidence of record indicates that the applicant was honorably discharged by reason of physical disability, with entitlement to severance pay after being diagnosed with asthma.  However, having carefully reviewed this application, we are sufficiently persuaded that the applicant may have been misdiagnosed for asthma.  Therefore, we agree with the recommendation of the Medical Consultant and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of an error or an injustice.  Accordingly, we recommend that the applicant’s records be corrected to show that he was diagnosed with an anxiety disorder, not otherwise specified, and that any and references to asthma in his records be removed and replaced with the words “reactive airway disease.”

4.  We took note of the applicant’s requests that his records be corrected to show that he was not discharged by reason of physical disability, and that he be reinstated to active duty.  However, after a thorough review of the available evidence, we believe the above recommendation for correction of his records is the only relief that is appropriate.  In this respect, we agree with the Medical Consultant that had his respiratory problems been properly diagnosed, the result would likely have been the same, his disability discharge with severance pay.  In view of the foregoing, we conclude that no basis exists to act favorably on the applicant’s requests.

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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:

	a.  On 18 Apr 00, the applicant was found unfit to perform the duties of his office, rank, grade or rating by reason of physical disability incurred while entitled to receive basic pay; that his diagnosis was for an anxiety disorder, not otherwise specified, VASRD Code 9413, rated at 10 percent disabling; that the disability may be permanent; that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of unauthorized absence; that the disability was not incurred during a period of national emergency; and that the disability was not received in line of duty as a direct result of armed conflict.

	b.  Any and all references to asthma in the applicant’s military personnel and medical records be removed and replaced with the words “reactive airway disease.”

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The following members of the Board considered this application in Executive Session on 27 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, undated, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, Medical Consultant, dated 6 Jul 01.
     Exhibit D.  Letter, AFPC/DPPD, dated 24 Jul 01.
     Exhibit E.  Letter, SAF/MIBR, dated 3 Aug 01.

                                   
                                   Panel Chair

AFBCMR 01-00996

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  be corrected to show that:

		a.  On 18 Apr 00, the applicant was found unfit to perform the duties of his office, rank, grade or rating by reason of physical disability incurred while entitled to receive basic pay; that his diagnosis was for an anxiety disorder, not otherwise specified, VASRD Code 9413, rated at 10 percent disabling; that the disability may be permanent; that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of unauthorized absence; that the disability was not incurred during a period of national emergency; and that the disability was not received in line of duty as a direct result of armed conflict.

		b.  Any and all references to asthma in the applicant’s military personnel and medical records be removed and replaced with the words “reactive airway disease.”

                                                                           
                                                                           Director
                                                                           Air Force Review Boards Agency