RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01790
		INDEX NUMBER:  131.00
	XXXXXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

___________________________________________________________________

APPLICANT REQUESTS THAT:

The Officer Performance Report rendered on him for the period     17 Dec 97 through 16 Dec 98 be revised as follows:

	    a.  Section VI, Rater Overall Assessment, line 9, remove the statement “ready for increased responsibility since overcoming personal challenges.”

	    b.  Section VII, Additional Rater Overall Assessment, line 5, remove the statement “ready for more responsibility since overcoming personal challenges.”

By memorandum dated 5 Apr 03, applicant requested that the above requests be deleted.

He be awarded back flight pay for the period that he was disqualified from flight duty, March 1999 to July 2000.

The appropriate Promotion Recommendation Forms (PRFs) be rewritten as though he never received the Letters of Admonishment (LOA), Letter of Reprimand (LOR), and Unfavorable Information File (UIF).

By memorandum dated 5 Apr 03, the applicant amended the above request to request that the Board approve replacement of his original PRFs with revised PRFs, signed by his senior rater, for the Calendar Year (CY) 1999B (99B) and CY00A Central Lieutenant Colonel Selection Boards.  He requests that the Board consider replacing the original PRF prepared on him for the CY99A Central Lieutenant Colonel Selection Board with an unsigned PRF he has provided.

He be considered for promotion to lieutenant colonel by SSB for all promotion boards for which he was eligible.

In his memorandum of 5 Apr 03, applicant amended the above request and asks that he be considered for promotion to lieutenant colonel by Special Selection Boards (SSBs) for the Calendar Year (CY) 1999A (19 Apr 99) (below-the-promotion-zone (BPZ)), CY99B (30 Nov 99) (BPZ), and CY00A (28 Nov 00) (in-the-promotion-zone) Central Lieutenant Colonel Selection Boards.

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APPLICANT CONTENDS THAT:

From the time he entered active duty in 1985 until 1997, he was a happy and successful Air Force officer.  From the fall of 1997 through the summer of 1999, his life became a complete disaster with several negative actions taking place.  It was not until the spring of 2000 when he was diagnosed with Graves Disease that he understood what the root cause of all his problems was.

The applicant provides an overview of the incidents and actions that took place in his Air Force career and personal life.  He relates that when a comprehensive review of his case was directed to decide his flight status, the flight surgeon in charge of his case wanted him to have a psychiatric evaluation.  However, because he had passed a commander directed mental health exam only six months before, he believed that such an evaluation was totally unnecessary.  He protested the decision to the flight surgeon’s squadron commander.  He asserts that this is when his medical troubles really started.  In Mar 99, despite recommendations from three specialists that things would improve with treatment of the hyperthyroid state they had diagnosed, the flight surgeon determined that he had Impulse Control Disorder, a permanently disqualifying condition, rather than hyperthyroidism, a temporarily grounding disorder.  Applicant contends that the flight surgeon had all of the necessary medical information and assistance to make the right decision, but chose to ignore it and even made assertions about his flying that were not true.

In support of his application, applicant provides 21 attachments, which include medical information, statements of support from his rating chain at the time of his problems, support from his current rating chain, a copy of an IG complaint and findings made against the flight surgeon involved in his case, a copy of a claim for back flight pay, a copy of his application to the Evaluation Reports Appeal Board (ERAB), and copies of the contested OPR and PRFs.

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

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of major.  His Total Active Federal Military Service Date is 29 May 85.  The applicant has two nonselections for promotion to the grade of lieutenant colonel by the CY00A and CY01B central lieutenant colonel promotion boards.

Additional relevant facts pertaining to this application are contained in the evaluations prepared by the appropriate offices of the Air Force found at Exhibits C, D, and E.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends that the Board grant the applicant’s requests.

The applicant had 13 years of excellent duty performance until 1998 when he received several administrative disciplinary actions within a six-month period due primarily to marital discord.  His OPR for the period Dec 97 to Dec 98 reflected these difficulties, but otherwise reflected continued excellent duty performance.  During this time, the applicant’s behavior was characterized by increasing irritability and difficulties with anger control culminating in concerns regarding his fitness for flying duties on the part of family advocacy counselors and his flight surgeon.  He was placed in duties not involving flying (DNIF) on 1 Feb 99 and was evaluated by a civilian psychiatrist who diagnosed him with Adjustment Disorder and Impulse Control Disorder.  His flight surgeon consulted experts at the Air Force School of Aerospace Medicine and, based on their recommendations for further evaluation, diagnosed Hyperthyroidism on 25 Feb 99.  He promptly referred the applicant for endocrinology evaluation that day.  The applicant was diagnosed with Graves Disease and received appropriate treatment.  The flight surgeon questioned the psychiatrist as to whether the diagnosis of Hyperthyroidism changed the original disqualifying diagnosis of Adjustment Disorder and Impulse Control Disorder.  The psychiatrist did not feel that it did.  However, a civilian neurologist rendered the opinion that the hyperthyroidism was the cause of the applicant’s behavior.  In Mar 99, the applicant’s flight surgeon presented all of the medical data, including the varying opinions, to the applicant’s major command (MAJCOM).  Based on that information, the applicant was disqualified from flying   31 Mar 99.  By the time a second flight surgeon submitted an Aeromedical Summary in Jul 99, it had become apparent that the hyperthyroidism had significantly contributed to the applicant’s extreme behavior and reconsideration of his disqualification from flying was requested.  The applicant was referred to the Aeromedical Consultation Service (ACS) at Brooks Air Force Base.  The ACS confirmed that the applicant did not have Impulse Control Disorder.  In Jul 00, the applicant’s Graves Disease and hyperthyroidism were satisfactorily controlled and he was requalified for flight duty.

Hyperthyroidism results from an excess of thyroid hormone, and can result in psychologic and behavioral disturbances that vary with the degree of hyperthyroidism and the presence of underlying predispositions or conditions.  Symptoms can include hyperactivity, anxiety, emotional lability including mood changes, insomnia, difficulties with concentration, and irritability (including difficulty with anger).  Hyperthyroidism can significantly aggravate preexisting mental health conditions and frank psychosis can occur.  The affected individual and those around them may not be aware of the changes in personality and behavior since onset and development of the condition is gradual.  

The applicant requests back flight pay lost while he was disqualified from flying, contending that his condition, hyperthyroidism did not warrant disqualification from flying and that, rather, he should have been placed in a DNIF status and thus continued to receive flight pay.  The BCMR Medical Consultant provides extracts from AFI 11-402 to show the possible courses of action in situations like the applicant’s.  He opines that the original decision to place the applicant in DNIF status on 1 Feb 99 was correct.  The applicant’s disqualification from flying was proper for the diagnosis of Impulse Control Disorder.  However, he believes, in retrospect, that the disqualification may have been premature, particularly in light of the conflicting opinions documented in the Aeromedical Summary requesting reconsideration and the evaluation by the ACS.

The BCMR Medical Consultant also opines that the applicant has a legitimate basis regarding his request to delete two statements from his OPR and to be considered for promotion to lieutenant colonel by SSB

Although action and disposition in this case were proper and equitable reflecting compliance with Air Force directives that implement the law at the time, a retrospective view of the case indicates that an unforeseen set of administrative circumstances negatively impacted the applicant.

The complete evaluation is at Exhibit C.

AFPC/DPPPE recommends denial of the applicant’s requests to revise his OPR and PRFs.

The applicant requests that the comments including “since overcoming personal challenges” should be removed from his OPR because the challenges were medical in nature not personal.  In accordance with AFI 36-2402, there are no restrictions or prohibitions on considering medical conditions as related to duty performance.

Regarding the applicant’s request to rewrite his PRFs, there has been no change to the record of performance and the applicant has not provided new PRFs.

The complete evaluation is at Exhibit D.

AFPC/DPPPO recommends denial of the applicant’s request for promotion consideration by SSB.  Since AFPC/DPPPE recommends denial of the applicant’s requests to change his OPR and PRFs, promotion consideration by SSB is not warranted.

The complete evaluation is at Exhibit E.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his initial response to the Air Force evaluations, the applicant requested temporary withdrawal of his case to gather evidence to respond (Exhibit G).

In his next response to the Air Force evaluations, the applicant requested that his case be reinstated.  His response to the issues contained in the evaluations consisted of changes to the requests included in his original appeal.  He also provided three new PRFs to be considered as replacements for the original PRFs.  The applicant has the signature of the appropriate senior rater on the PRFs for the CY99B and CY00A Central Lieutenant Colonel Selection Boards, but provided an unsigned PRF for the CY99A board.  He states that he was unable to locate his senior rater for the CY99A board.

The applicant’s complete response is at Exhibit H.

___________________________________________________________________

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 error or injustice regarding the applicant’s request to be considered for promotion by SSB for the CY99A Central Lieutenant Colonel Selection Board with an unsigned PRF in his record and his request to be awarded flight pay for the entire period that he was disqualified from flying.  Since the new PRF submitted by the applicant for this promotion board is not signed, it is not evident that he has the support of his senior rater to change the PRF.  Additionally, since he withdrew his request to amend the OPR rendered on him for the period 17 Dec 97 through 16 Dec 98, there is no correction to his record that warrants an SSB for this board.  Regarding the applicant’s flight pay, the Board agrees with the BCMR Medical Consultant that, in retrospect, the applicant’s disqualification from flying was premature, especially in view of the conflicting opinions documented in the Aeromedical Summary regarding the role of the hyperthyroidism on his mental health diagnosis.  However, the Board notes that the applicant’s treatment for hyperthyroidism began prior to his disqualification from flying and that the period of time before he was requalified to fly exceeded 365 days, the maximum time, according to DoD Financial Management Regulation, Volume 7A, Chapter 22, he could receive flight pay while in a DNIF status.  The evidence of record does not support the conclusion that had the applicant been placed in a DNIF status earlier rather than disqualified, he would not have lost flight pay as it cannot be stated with certainty that his medical issues would have been resolved within 365 days.  In view of the above, we find no basis to recommend granting this portion of the relief requested.

4.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding the applicant’s request for promotion consideration by SSB for the CY99B and CY00A Central Lieutenant Colonel Selection Boards.  The Board notes that the applicant has provided revised PRFs signed by the appropriate senior rater.  The PRFs inform the promotion selection boards that use of the phrase “overcoming personal challenges” in his OPR closing out 16 Dec 98 should be disregarded due to the discovery of an undiagnosed Thyroid condition as the basis of his problems.  The evidence of record supports this conclusion.  As noted above, the Board also believes the decision to disqualify the applicant from flying was premature.  We note that the applicant had originally been placed in a DNIF status on 1 Feb 99 for a period of 30 days to enable further evaluation.  We believe that given the conflicting opinions regarding the basis of the applicant’s problems, Impulse Control Disorder versus hyperthyroidism, extension of his DNIF status was warranted.  This is also supported by the applicant’s subsequent requalification to fly.  Therefore, we recommend that the applicant’s records be corrected as indicated below.

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

		a.  The Promotion Recommendation Form (PRF), AF Form 709, reviewed by the CY 99B Central Lieutenant Colonel Selection Board, which convened on 30 November 1999, be declared void and removed from his records and replaced with the attached reaccomplished PRF, AF Form 709, reading in Section IV, Line two, “Disregard “personal challenges” remarks in 97/98 OPR--found to be deadly undiagnosed thyroid condition.”

		b.  The Promotion Recommendation Form (PRF), AF Form 709, reviewed by the CY 00A Central Lieutenant Colonel Selection Board, which convened on 28 November 2000, be declared void and removed from his records and replaced with the attached reaccomplished PRF, AF Form 709, reading in Section IV, Line two, “Disregard “personal challenges” remarks in 97/98 OPR--found to be deadly undiagnosed thyroid condition.”

		c.  Aeronautical Order ---, with a request date of   13 Apr 99, be amended to reflect that the effective date of the applicant’s medical disqualification from aviation service is 31 January 2000 vice 31 March 1999 and that he was placed in a Duties Not Involved in Flying (DNIF) status from 1 February 1999 to 30 January 2000.

It is further recommended that he be considered for promotion to lieutenant colonel by Special Selection Board (SSB) for the CY99B and CY00A Central Lieutenant Colonel Selection Boards with the corrected record.

_______________________________________________________________

The following members of the Board considered Docket Number 02-01790 in Executive Session on 4 Jun 03, 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 17 May 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, BCMR Medical Consultant,
                 dated 12 Nov 02.
     Exhibit D.  Memorandum, AFPC/DPPPE, dated 30 Dec 02.
     Exhibit E.  Memorandum, AFPC/DPPPO, dated 4 Feb 03.
     Exhibit F.  Letter, SAF/MRBR, dated 14 Feb 03.
     Exhibit G.  Memorandum, Applicant, dated 28 Feb 03.
     Exhibit H.  Memorandum, Applicant, dated 5 Apr 03,
                 w/atchs.

                                   
                                   Panel Chair

AFBCMR 02-01790

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 XXXXXXXXXXX, XXX-XX-XXXX, be corrected to show that:

		a.  The Promotion Recommendation Form (PRF), AF Form 709, reviewed by the CY99B Central Lieutenant Colonel Selection Board, which convened on 30 November 1999, be, and hereby is, declared void and removed from his records and replaced with the attached reaccomplished PRF, AF Form 709, reading in Section IV, Line two, “Disregard ‘personal challenges’ remarks in 97/98 OPR--found to be deadly undiagnosed thyroid condition.”

		b.  The Promotion Recommendation Form (PRF), AF Form 709, reviewed by the CY00A Central Lieutenant Colonel Selection Board, which convened on 28 November 2000, be, and hereby is, declared void and removed from his records and replaced with the attached reaccomplished PRF, AF Form 709, reading in Section IV, Line two, “Disregard ‘personal challenges’ remarks in 97/98 OPR--found to be deadly undiagnosed thyroid condition.”

		c.  Aeronautical Order ----, with a request date of 13 Apr 99, be amended to reflect that the effective date of the applicant’s medical disqualification from aviation service is 31 January 2000 vice 31 March 1999 and that he was placed in a Duties Not Involved in Flying (DNIF) status from 1 February 1999 to 30 January 2000.

	It is further directed that he be considered for promotion to lieutenant colonel by Special Selection Board (SSB) for the CY99B and CY00A Central Lieutenant Colonel Selection Boards with the corrected record.

		
		Director
		Air Force Review Boards Agency

Atchs
1.  Revised PRF, CY99B Board
2.  Revised PRF, CY00A Board