RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01455 INDEX CODE:	108.00
XXXXXXXXXXXXXXXXXXX	COUNSEL:	
HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect a medical reason for discharge; his United States Air Force Academy (USAFA) Form 0-112-1, Request and Authorization for Reassignment/Separation – Air Force Military, Block 11, be changed to reflect the Secretary waived reimbursement; his AF Form 422, Physical Profile Serial Report(s), be changed to reflect he was “not worldwide qualified,” and to show the proper indicator that his medical condition required Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) processing; and his USAFA Form 34, Cadet Separation Clearance/Referral, be amended to show “involuntary” departure.

APPLICANT CONTENDS THAT:
He suffers from chronic and severe Bipolar Disorder with manic symptoms and severe depressive thoughts. His condition began manifesting itself in the form of profound behavioral changes during his last year at the USAFA, but went undiagnosed and untreated until he was admitted as an in-patient to the SwedishAmerican  Health  System  in  Rockford,  Illinois,  on
28 December 2006, with psychotic disorder, delusional thoughts, paranoid thinking, and irrational behavior.

In support of his appeal, his counsel provides a Petition for Relief, a discharge summary from SwedishAmerican Health System, a discharge summary from KSB Hospital, a DD Form 214, a USAFA Form 0-112-1, a USAFA Form 34, and an AF Form 422.

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

STATEMENT OF FACTS:
The applicant entered the USAFA on 28 June 2001.		On 19 January 2005,	he	submitted	his	resignation	in	lieu	of	involuntary

disenrollment for academic deficiency. At the time of his resignation, the applicant had been recommended for disenrollment by the Academic Review Committee for academic deficiency; he had received two Letters of Reprimand (LOR) for disobeying a lawful order and for leaving the Academy without permission; and an Unfavorable Information File had been established as a result of his first LOR. In addition, he was found in violation of the Cadet Wing Honor Code and was awaiting sanctions and was under investigation for a second honor violation. On 24 February 2005, the discharge authority accepted the applicant’s resignation and directed monetary reimbursement.

The applicant was honorably discharged effective 11 May 2005. He served 3 years, 10 months, and 14 days on active duty.

The remaining relevant facts, extracted from the applicant’s service records, are contained in the Air Force advisory opinions at Exhibits C and F.

AIR FORCE EVALUATION:
10 MDOS/SGOMH (Medical Director, USAFA Mental Health Clinic) recommends further investigation by contacting and interviewing at a minimum, the applicant’s last two roommates at the USAFA, some close squadron members, his Academy Military Trainer (AMT) and the Air Officer Commanding (AOC). SGOMH is of the opinion the documentation provided does not substantiate the applicant was experiencing manic, hypomanic, or psychotic symptoms while serving as a cadet. It is clear he currently suffers from significant mental illness as evidenced by his three psychiatric hospitalizations; however, the influence of his alcohol and illicit substance use (cannabis and cocaine) is unclear. In fact, his first hospitalization occurred ten months after leaving the USAFA and substance abuse was a major factor in his presentation that should not be minimized.

The complete SGOMH evaluation is at Exhibit C.

COUNSEL'S REVIEW OF AIR FORCE EVALUATION:
Counsel is concerned with the staffing of his client’s application to the USAFA versus the Office of the Surgeon General or to an MEB. The USAFA staff advisory does not question that his client suffers from Bipolar I, only whether it originated while he was a cadet. As a psychiatrist, the advisory writer must know that Bipolar I does not erupt suddenly, fully-formed, with a single psychotic episode, as happened ten months after his client’s disenrollment. No less than the National Institute of Mental Health acknowledges that Bipolar Disorder often as not

goes undiagnosed for years until there is such an episode. Had it been recognized, his client would have been processed with an MEB and medically discharged. It was not so recognized, and now he is being punished with a six-figure debt that he can never repay, and will simply hang over him the rest of his life – as will his disorder. He respectfully requests the Board to act with common sense as well as simple compassion and forgive the applicant’s debt.

The counsel’s rebuttal, with attachments, is at Exhibit C.

BCMR MEDICAL CONSULTANT EVALUATION:
The BCMR Medical Consultant recommends granting the applicant relief by amending his AF Form 422 to reflect the existence of a disqualifying medical disorder requiring an MEB/PEB review and by waiving repayment of the cost of his Academy education. The BCMR Medical Consultant finds it reasonable to conclude the applicant suffered from Bipolar Disorder prior to his first hospitalization ten months following his discharge. A comparative view of his academic performance during the early portion of his service and the latter portion, reflect a visible decline in performance without a significant change in academic course difficulty. If the Board accepts the notion the applicant harbored a mental illness at the time he was released, and that it may have in some way contributed to his academic downturn and honor violations, it should consider granting him relief by waiving his repayment cost of his Academy education. If waiving the cost is due to a mental disorder, then changing the AF Form 422 should reflect this. Had the applicant not committed the various offenses or had not chosen to resign, but instead been commissioned, he assuredly would have been referred for an MEB/PEB review and would likely have been released from military service had he become acutely ill within ten months of his commissioning.

The BCMR Medical Consultant states that based on the evidence present at the time of the applicant’s discharge, there was no indication he suffered from a disqualifying mental illness. There was also no evidence at the time of his discharge that he was suffering from impairment of judgment; particularly when choosing to resign in lieu of an involuntary disenrollment. The fact is the applicant received the type of separation he requested. Therefore, it is the opinion of the BCMR Medical consultant that no error exists to warrant a change in the disposition of his resignation to a disqualifying medical condition. However, if the Board retrospectively considers the applicant’s Bipolar Disorder, diagnosed ten months following his discharge, as the probable contributory cause of his troubles, academic or otherwise, it would not mean he was not responsible for his behavior or that he was unable to distinguish the difference between right and wrong at the time.  If his drug use

had been the cause for separation, and he was earlier diagnosed with a Bipolar Disorder, he would have been concurrently the subject of an involuntary discharge for drug abuse and a medical discharge due to Bipolar Disorder. The final disposition of his case would have been determined by the Secretary of the Air Force Personnel Council. Should the Board further determine the applicant’s disorder is service connected, the BCMR Medical Consultant opines that its level of severity at the time of separation would likely have been characterized as mild in severity; noting the characteristic symptoms described. Thus when speculating on a probable disability rating, had he been referred to an MEB and PEB review, he more likely than not would have been discharged with severance pay with a ten percent disability rating to reflect the likely social and industrial adaptability.

The complete BCMR Medical Consultant’s evaluation is at Exhibit F.

COUNSEL’S REVIEW OF THE BCMR MEDICAL CONSULTANT’S EVALUATION:
The applicant’s counsel responds that they concur with the recommendation and proposed resolution by the BCMR Medical Consultant.

The counsel’s 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.	Sufficient relevant evidence has been presented warranting a measure of relief. Given the relatively short period of time following the applicant’s separation, in which his medical condition worsened to the extent indicated, we are persuaded that the onset of his disease took place while he was still on active duty. As a result, we feel it would be in the best interest of the Air Force and the applicant to favorably consider his request for waiving the debt incurred as the result of his USAFA education. However, in spite of the aforementioned conclusion, the evidence does not establish the applicant was not of sound mind at the time he elected to voluntarily disenroll from the Academy; therefore, we find no evidence that actions taken by Air Force officials were improper at the time of his voluntary separation. Accordingly, his requests to change his physical profile to indicate he was not worldwide qualified, his medical
1.	
condition required evaluation under the Disability Evaluation System, or his voluntary separation be changed to reflect a medical separation, is not favorably considered. Based on the aforementioned, we are of the opinion that in order to provide the applicant fair and equitable relief, his records should be corrected as indicated below.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that at the time of his discharge from the Air Force Academy, competent authority directed that no debt be established to reimburse the United States for the cost of his education at the Air Force Academy.

The following members of the Board considered this application in Executive Session on 18 August 2009, 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-2008- 01455 was considered:

Exhibit A.	DD Form 149, dtd 11 Apr 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, 10 MDOS/SGOMH, dtd 25 Jun 08. Exhibit D.	Letter, SAF/MRBR, dtd 18 Jul 08.
Exhibit E.	Letter, Counsel, dtd 1 Oct 08, w/atchs. Exhibit F.	Letter, BCMR Medical Consultant, dtd 8 Jun 09. Exhibit G.	Letter, SAF/MRBR, dtd 15 Jun 09.
Exhibit H.	Letter, Counsel, dtd 8 Jul 09.