RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03406
		INDEX NUMBER:  108.00
	XXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be restored to the Temporary Disability Retired List (TDRL) for 18 months to undergo a program of treatment and evaluation.

At the end of his 18 months of evaluation, he be reevaluated by a Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) and be continued on the TDRL or removed and separated with a rating of 30% or higher as prescribed by the Veterans Administration Schedule for Rating Disabilities (VASRD).

He be paid all backpay and allowances from 11 Mar 02 to the date he is restored to the TDRL.

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APPLICANT CONTENDS THAT:

An erroneous evaluation by an MEB and incorrect rating given him by a PEB resulted in his unjust separation from the Air Force.

He was placed on the TDRL on 18 Oct 00 with reevaluation in 18 months.  His TDRL reevaluation was accomplished on 3 Jan 02 and resulted in a final diagnosis of “296.56--Bipolar Disorder, most recent episode depressed, in full remission.”  The evaluating physician stated that one of his medications had been discontinued eight months earlier without “adverse effect.”  Additionally, the physician had prescribed a tapering plan of the medication Celexa leading to discontinuation altogether.  On    18 Jan 02, a PEB diagnosed him with Bipolar disorder with history of psychotic features rated at zero percent and recommended that he be discharged with severance pay with a zero percent compensable disability rating.

His separation was unjust because it occurred in the middle of a course of treatment and his rating was less than 30% because the physician had taken him off all medication giving the appearance that he was perfectly normal.  The separation was also in error in that he had been removed from all medication as a basis for determining the medication threshold that was appropriate to his condition.  His condition requires constant medication forever.  Approximately five weeks after his discharge and discontinuation of medication, he was hospitalized with a “full blown manic episode,” occurring off all medication.  The same physician that rendered the TDRL reevaluation made this diagnosis.

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

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 29 May 96.  On 13 Jan 00, he was found naked and confused in his car by civilian police.  After hospitalization at Walter Reed Army Medical Center, an MEB was initiated on 25 Feb 00.  The MEB determined that the applicant was medically unacceptable and referred him to a PEB for final determination.  On 18 Apr 00, the applicant requested that all actions regarding his PEB be suspended due to failure by his attending physicians to comply with Air Force instructions.  The applicant was subsequently provided care through the Malcolm Grow Medical Center.  On 25 Jul 00, another MEB was convened.  The applicant was diagnosed with Bipolar Disorder with psychotic features of grandiose delusions.  It was recommended that his case be forwarded to a PEB for further evaluation.  On 11 Aug 00, the PEB established the applicant’s diagnosis as Bipolar Disorder with Psychotic features and found him unfit.  It was recommended that he be placed on the TDRL with a disability rating of 30%.  On 28 Aug 00, the applicant agreed with the findings and recommended disposition of the PEB and waived his right to a formal board.  The applicant was placed on the TDRL on 18 Oct 00.  On 3 Jan 02, the applicant’s placement on the TDRL was reevaluated.  It was determined that the applicant’s illness was in full remission.  On 18 Jan 02, a PEB recommended that the applicant be discharged with severance pay with a zero percent compensable disability rating.  On 15 Feb 02, the applicant concurred with the recommended findings of the PEB.  On 11 Mar 02, the applicant was removed from the TDRL and discharged in the grade of captain by reason of physical disability with entitlement to severance pay.

The applicant received three officer performance reports (OPRs) during his time on active duty.  The last report closed out on 18 Apr 99.  The reports reflect superior performance.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s requests.  Bipolar disorder is a recurrent disorder marked by a course of relapses and remissions.  More than 90% of individuals with a single manic episode experience a future episode.  Prior to treatment with mood stabilizing medications, individuals with this disorder experienced 4 episodes over 10 years.  The majority of individuals with Bipolar Type I Disorder (the applicant’s diagnosis) return to a fully functional level between episodes.  However some display inter-episode mood lability and interpersonal or occupational difficulties and some have incomplete inter-episode recovery.  The applicant has so far exhibited good episode recovery and function characterized as “full remission” but has demonstrated his risk for recurrent manic episodes when off of medication.

Disability ratings for conditions that make an individual unfit for military service are performed when the condition is in its optimally treated and stable state.  In the applicant’s case, his condition was completely controlled with proper medication.  There is no information provided that indicates that his condition was not completely controlled with medication and has not stabilized after the Apr 02 episode.  Disability ratings of mental disease are based on loss of function as reflected in impaired social and industrial adaptability.  Mental illness in remission rates zero.  The fact that a Service member is receiving medication and/or psychotherapy does not automatically equate with a certain level of disability.

The complete evaluation, with attachments, is at Exhibit C.

AFPC/DPPD recommends denial of the applicant’s request.  The applicant’s contention that the zero percent rating from the Informal PEB was improper and unjust is incorrect.  Zero percent disability ratings are permitted in accordance with the VASRD and DODI 1332.39 when the schedule does not provide a zero percent evaluation for a diagnostic code and when the requirements for a compensable evaluation are not met.  In the applicant’s case, the IPEB determined a zero percent rating was appropriate due to his full remission on medicated state at the time of his reevaluation.

After their review of the applicant’s case file, they concluded that the applicant was treated fairly throughout the military Disability Evaluation System (DES) process.

The complete 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 the applicant on 1 Aug 03 for review and comment within 30 days.  To date, a response has not been received.

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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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility 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 BC-2002-03406 in Executive Session on 4 September 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 1 Jul 03.
    Exhibit D.  Memorandum, AFPC/DPPD, dated 25 Jul 03.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Aug 03.