RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01740
		INDEX CODE:  100.03, 100.06
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed from 2Q to 3K.

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APPLICANT CONTENDS THAT:

He has never had an anxiety disorder before or after his discharge from the Air Force and the disorder with mild social and industrial impairment, VASRD code 9413, anxiety disorder is incorrect.  He acknowledges that he had marital problems and was going through a divorce when he was on active duty, but the problems were resolved following his divorce.  He also states that he has passed other physicals and psychological exams without any problems and no presence of any disorders.  The applicant also states that the first Board held on 6 July 2001 recommended that he be allowed to apply for active duty, and reexamined within military channels to determine if he currently meets enlistment standards.  He also declares that the IPEB states that “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 our knowledge that precludes the veteran from seeking entry on active duty via normal channels as a prior service enlistee.”  He states that none of his physical conditions predated his military service. 

In support of his request, the applicant provided a copy of the BCMR Medical Consultant’s letter dated 6 July 2001, a copy of the HQ AFPC/DPD evaluation dated 24 July 2001 and a personal statement dated 22 May 2002.  Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 14 January 1998 for a term of 4 years.  He was honorably discharged on 9 June 2000 under the provisions of AFI 36-3212 (Disability, Severance Pay) for a diagnosis of asthma.  He served 2 years, 4 months, and 26 days of active duty service as a Fuels Journeyman.  

The applicant petitioned the BCMR in 2001 for correction of his military record to remove his diagnosis of asthma.  On 27 September 2001, the Board recommended that the reason for his discharge be changed from asthma to anxiety disorder based on the opinion of the BCMR Medical Consultant that a diagnosis of asthma was not substantiated and that the applicant’s disabling symptoms were due to an anxiety disorder manifesting as panic attacks. The Board did not recommend that he be reinstated in the Air Force.

A copy of the Record of Proceeding, with attachments, is attached at Exhibit C.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed applicant’s request and recommends denial.  The applicant was disability discharged with severance pay in June 2000 due to a diagnosis of asthma.  Following a discharge, that diagnosis was called into question based on an evaluation that included a negative methacholine bronchoprovocation test performed by the Department of Veterans Affairs (DVA).  Based on this the DVA has denied service connected compensation for asthma and the applicant applied for correction of his military records to remove asthma as his reason for discharge and allow him to reenlist.  In September 2001, the AFBCMR granted partial correction changing his reason for discharge from asthma to anxiety, but did not change his reenlistment code.  Evidence in the service medical record is unequivocal with regard to the presence of symptoms of anxiety and panic attacks.  Various diagnoses were applied to his symptoms while he was on active duty and included Adjustment Disorder, Panic Disorder, and Anxiety Disorder.  Following discharge, DVA psychiatrists have settled on a diagnosis of Panic Disorder (a specific form of anxiety disorder) with agoraphobia (anxiety about being inplaces or situations from which escape might be difficult or embarrassing, or in which help may not be available in the event of having an unexpected or situation ally related panic attack or panic-like symptoms).  The most recent DVA evaluation states his condition is in remission, but still applies a severity rating of mild to his condition rather than that associated with remission, presumably since he was still on medication for the condition.  Thus there appears to be no doubt the applicant has had an anxiety disorder as defined in the Diagnostic and Statistical Manual of Mental Disorder.  In addition to the anxiety disorder, the applicant was diagnosed with Adjustment Disorder with Depressed/anxious mood, a diagnosis that is considered potentially unsuiting for military service and subject to administrative discharge by the individual’s commander if the condition interferes with duty or the individual’s mental health provider determines that the condition is severe enough to be unsuiting.  In this instance, the applicant continued to perform his duty and his adjustment disorder was not considered to be of the severity requiring administrative discharge.  The issue then is whether or not his anxiety disorder would have been disqualifying for continued military service, and whether his panic disorder with agoraphobia is disqualifying for reenlistment now.  AFI 48-123 Attachment 2, Medical Standards for Continued Military Service states that Psychoneurosis (includes anxiety disorders) are disqualifying for continued service if symptoms are persistent or recurrent and require hospitalization or the need for continuing psychiatric support.  AFI 48-123 Attachment 3, Medical Standards for Appointment, Enlistment, and Induction states that anxiety disorders that result in any or all of: hospitalization, prolonged care by a physician or other professional (not otherwise specified), loss of time from normal pursuits for repeated periods, even if for brief duration, or of a repeated nature that impaired social, school, or other work efficiency.  Further, a history of an episode of such disorder within the preceding 12 months which was sufficiently severe to require professional attention or absence from work or school for more than a brief period (maximum of 7 days).  The fact the applicant remains on medication for his anxiety disorder (panic disorder with agoraphobia) is evidence of the need for continuing psychiatric support, and in the opinion of the reviewer, renders the applicant ineligible for reenlistment.  To attempt to retrospectively predict the course of events had he not been discharged due to a diagnosis of asthma is difficult and speculative.  Once his marital issues had resolved, would, as he contends, his symptoms improved to the point that continuing psychiatric support (i.e. medication and counseling) would no longer have been necessary?  Were that the case, retention on active duty would have been likely.  The fact that he remained on medication following discharge suggests that continuing treatment would have been necessary, probably leading to a medical evaluation board and disability discharge.  At present, his condition disqualifies him from enlistment.  In addition, evidence in the record shows a history of symptoms of anxiety and panic for many years consistent with a chronic, recurring problem.  

The BCMR Medical Consultant concludes that the prior AFBCMR decision to change the applicant’s records to show disability discharge for anxiety disorder without changing his reenlistment code was appropriate. The Medical Consultant evaluation is at Exhibit D.

AFPC/DPPAE indicates that based on the review of his case file, his RE code 2Q, “Personnel medically retired or discharged” is correct.  The DPPAE evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 22 Nov 02, for review and comment within 30 days.  As of this date, no response has been received by this office.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant changing the applicant’s reenlistment eligibility (RE) code.  We took notice of the applicant’s complete submission in judging the merits of the case, however; we agree with the opinion and recommendation of the Air Force office of primary responsibility and the BMCR medical consultant and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number 02-01740 in Executive Session on 12 February 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 22 May 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C. Record of Proceedings, dated 27 sep 01,w/atchs.
	Exhibit D. Letter, BCMR Medical Consultant, dated 5 Sep 02.
	Exhibit E.	Letter, AFPC/DPPAE, dated 13 Oct 02.
	Exhibit F. Letter, SAF/MRBR, dated 22 Nov 02. 

	
	Panel Chair