RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00723
		INDEX CODE:  108.00
	XXXXXXXXXXXXXXXXXX	COUNSEL:  NONE

	XXX-XX-XXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His honorable discharge from the Air Force Reserve (USAFR) be set aside, and he be awarded a disability retirement.  

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APPLICANT CONTENDS THAT:

He had no idea he would be physically disqualified from the USAFR due to medical conditions that he was being treated for while on active duty.  He intended to retire from the Air Force.  

In support of his application, he provided copies of his DD Form 214, Certificate of Release or Discharge From Active Duty; his USAFR discharge order; his PALACE CHASE application and approval; notification of his medical profile-4 status; his election memorandum for Selection of Rights to Formal Physical Evaluation Board (FPEB); the Air Force Secretariat reply to his congressional member’s inquiry; and his Department of Veterans Affairs (DVA) rating decision.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 12 September 1984, the applicant enlisted in the Regular Air Force in the rank of airman basic (E-1) at the age of 20.  He was progressively promoted to the grade of technical sergeant (E-6) effective and with the date of rank of 1 January 1997.  The applicant received 18 enlisted performance reports between the periods of 12 September 1984 and 22 January 1999 with overall ratings of 9, 9, 9, 9, 9, 9, 5, 5, 5, 5, 4, 5, 4, 5, 5, 4, 5 and 3.  The applicant voluntarily separated from active duty under the PALACE CHASE Program on 28 July 1999 after 14 years, 10 months, and 17 days on active duty and entered the USAFR.  

On 5 May 2001, the applicant was honorably discharged from the USAFR because of his inability to meet Reserve medical qualifications due to depression and unsuitability for deployment.  Reserve records show the applicant only served four periods of inactive duty training while participating in the USAFR.  He was credited with 16 years of satisfactory Federal service.  

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C and D. 

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AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that if the applicant had instead undergone disability evaluation at the time of his PALACE CHASE separation, he would have been disability discharged with a ten percent rating.  

The BCMR Medical Consultant states that the applicant’s medical records indicate he had sought care from a civilian provider for symptoms of depression beginning in 1998.  He required treatment of three medications (two anti-depressant medications and an anxiety reducing medication).  The applicant was initially seen at an Air Force mental health clinic in March 1999 after a command directed mental health evaluation.  A copy of that command directed evaluation is not present in the available documentation.  A 12 March 1999 mental health clinic entry records that the applicant reported a history of depressed mood possibly beginning two to three years prior (although documentation from his civilian physician noted that the applicant had reported his depressed mood began in June 1998) with multiple symptoms consistent with depression (including decreased sleep, decreased appetite, decreased energy, concentration, anhedonia, hopelessness and suicidal ideation).  The applicant was treated with the antidepressant medication Zoloft on 1 July 1998 with incomplete improvement in symptoms, prompting the addition by his civilian provider of a second antidepressant medication, Welbutrin, in October 1998.  An anxiety reducing medication, Klonopin, was also prescribed.  At the time of the March 1999 evaluation, the applicant reported persistent thoughts of suicide without plan.  The diagnosis at the time was Major Depressive Disorder, single episode in partial remission.  The evidence of record shows the applicant’s depression was intertwined with marital and occupational difficulties and was associated with a decline in his duty performance.  As of the last mental health encounter on 28 May 1999, his condition was in partial remission and his psychiatrist did not consider the applicant’s condition unfitting for continued active military service.  Because his condition did not make him unfit while he was on active duty and he voluntarily separated, he is not eligible for disability evaluation in the Air Force.  At the time of the applicant’s separation from active duty, he applied for disability compensation from the DVA.  A DVA Rating Decision dated 29 November 1999 granted the applicant service connected disability rating effective 29 July 1999, for Dysthymia, 30%; synovitis, right knee, 10%; tinnitus, 10%; and mechanical low back pain, 10% (combined rating of 50%).  His condition has been properly determined to be service connected and is being appropriately compensated by the DVA.

The BCMR Medical Consultant states that according to the medical evaluation board narrative summary (undated), the applicant reported to the Reserve Medical Unit that he was no longer able to participate and requested he be disqualified.  A Serial Physical Profile Report, dated 28 February 2000, indicates the applicant’s physical profile was P4 (disqualified), and no longer able to participate for pay or points.  The applicant’s records show he was disqualified for continued duty in the Air Force USAFR because of depression, diagnosed as Dysthymia by the DVA, and he was subsequently discharged from the USAFR.  Because the depression existed prior to entering the USAFR, he was not eligible for disability compensation.

The BCMR Medical Consultant states that the Reserve Medical Evaluation Board narrative summary indicates the Reserve Medical Unit was unaware of the applicant’s medical condition prior to his self-identification.  Normally, part of the application process includes review of health record documentation including the most recent Periodic Health Assessment (within 12 months, and preferably within 6 months of projected date of separation); DD Form 2697, Report of Medical Assessment; and AF Form 422, Physical Profile Serial Report, by the Air Reserve Component Recruiter, and the gaining Reserve Unit’s supporting medical unit.  Documentation showing that the Reserve Unit reviewed and accepted the applicant knowing about his depression is absent from the records.  It is the BCMR Medical Consultant’s opinion that there was an error in accepting the applicant for PALACE CHASE transfer to the USAFR, since the Reserve medical unit implied it would not have accepted the applicant had they known about his depression.  Had the medical screening for the applicant’s PALACE CHASE application resulted in denial, the applicant would have remained on active duty.  Whether the applicant’s condition would have ultimately lead to evaluation in the disability system or not is speculative.  Had the applicant undergone evaluation in the Air Force Disability Evaluation System at the time of his voluntary separation from the Air Force in July 1999, his condition would have been rated mild, warranting a ten percent rating, since the applicant was performing his duties and medical documentation indicated his condition was in partial remission.

The BCMR Medical Consultant’s evaluation is at Exhibit D.

AFPC/DPPD recommends denial of the member’s request for a disability retirement; however, they do recommend the applicant undergo a medical evaluation to determine his current physical fitness, for either return to active duty or discharge with severance pay at ten percent, if he fails to meet accession standards.  

DPPD states that the applicant’s Veteran medical records reflect he was being treated for depression during the period prior to the time he was transferred to the USAFR under PALACE CHASE.  It appears from reviewing the records that the USAFR was unaware of the applicant’s ongoing medical condition at the time of his application for PALACE CHASE otherwise, his application would have been denied and he would have been allowed to remain on active duty.  

It is DPPD’s opinion that an injustice to the applicant may have occurred at the time of his application for Reserve duty under the PALACE CHASE Program in that all players involved were not completely familiar with the appropriate process/requirements.  The preponderance of evidence in the applicant’s military records does not substantiate or support his request for a disability retirement; however, the most equitable remedy available to the applicant, assuming his current medical condition meets accession standards, is to return him to active duty and allow him to complete his full military career, further injury/incapacitation notwithstanding.  The DPPD evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 October 2003, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days.  As of this date, this office has received no response. 

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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.  The evidence of record indicates that, after transferring to the USAFR under the PALACE CHASE Program, the applicant was found unfit for continued military service after being diagnosed with depression (unsuitable for deployment) and was separated for failing medical procurement standards.  The applicant now requests he be awarded a disability retirement, claiming that had he known his transfer to the USAFR would result in his involuntary discharge due to his medical condition, he would have chosen to remain on active duty and eventually retire.  The BCMR Medical Consultant supports the applicant’s assertion that he was not properly counseled concerning his eligibility to participate as an active Reserve 
member before he was released from active duty and is of the opinion that if the applicant had instead undergone disability evaluation at the time of his PALACE CHASE separation, he would have been disability discharged with a ten percent rating.  We note the differing opinions and recommendations of BCMR Medical Consultant and Physical Disability Division.  In our estimation, their opinions have created doubt concerning the applicant’s fitness for continued service at the time of his release from active duty in 1999.  We believe the most appropriate action at this point is to refer the applicant’s case for a complete medical assessment of his physical condition as it was at the time of his release from active duty and to allow him to undergo processing under the Disability Evaluation System (DES), affording him all attendant rights to which he would have been entitled had he been referred for such processing in July 1999.  Invitational orders should be issued allowing the applicant to be medically evaluated at Wilford Hall Medical Center to determine whether he was unfit for continued service and if so, the degree of his impairment, or, if he was fit for continued service.  The final results of the DES processing should then be returned to this Board for final resolution of the applicant’s request.

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THE BOARD RECOMMENDS THAT:

Invitational travel orders be issued by competent authority to APPLICANT, for the purpose of undergoing a physical examination and review by the Medical Evaluation Board (MEB), the Physical Evaluation Board (PEB), and the Formal Physical Evaluation Board (FPEB), if necessary, to determine his medical condition as of 28 July 1999; and, that the results of the evaluation be forwarded to the Air Force Board for Correction of Military Records at the earliest practical date so that all necessary and appropriate actions may be completed.  

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The following members of the Board considered this application in Executive Session on 30 January 2004, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records, as recommended.  The following documentary evidence for AFBCMR Docket Number BC-2003-00723 was considered:

Exhibit A.  DD Form 149, dated 1 Mar 03, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, BCMR Medical Consultant, dtd 8 Aug 03.

	Exhibit D.  Letter, AFPC/DPPD, dtd 25 Sep 03.
	Exhibit E.  Letter, SAF/MRBR, dated 3 Oct 03.

									
									Panel Chair

AFBCMR BC-2003-00723

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:

	Invitational travel orders be issued by competent authority to XXXXX, for the purpose of undergoing a physical examination and review by the Medical Evaluation Board (MEB), the Physical Evaluation Board (PEB), and the Formal Physical Evaluation Board (FPEB), if necessary, to determine his medical condition as of 28 July 1999; and, that the results of the evaluation be forwarded to the Air Force Board for Correction of Military Records at the earliest practical date so that all necessary and appropriate actions may be completed.  

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency