RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03444 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) Code of 2Q (Personnel Medically Retired or Discharged) on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed so he can apply to the military. ________________________________________________________________ APPLICANT CONTENDS THAT: The reason he received a medical discharge was due to insomnia. He had insomnia because the Air Force had him take Percocet for two years awaiting shoulder surgery. The insomnia resulted in depression. His PEB unjustly focused on the depression instead of the insomnia. The Department of Veterans Affairs (DVA) even believes his discharge is unjust because they denied his claim for service connection for his mood disorder. He was also told prior to his discharge that he would be able to re-enlist. In support of his request, the applicant provides copies of his DD Form 214 and a copy of the DVA evaluation of his claim for disability compensation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Air Force on 29 Aug 06. On 13 May 09, the applicant sought help from the mental health clinic. He had a history of several months of depressive symptoms, including insomnia, difficulty concentrating, homesickness, low energy, fatigue, not enjoying things, and visual and auditory hallucinations. He reported that hallucinations had been a problem for many years, starting when he was about six years old. His hallucinations got worse for two or three months prior to his first appointment at the medical clinic. He began to fear he might be possessed by demons and he became frightened of ghosts. On 26 Feb 10, the applicant met an Informal Physical Evaluation Board (IPEB) and was diagnosed with Major Depressive Disorder, with Psychosis, Single Episode, In Remission, requiring continuous medication and Psychotic Disorder, Not Otherwise Specified (NOS), Existed Prior to Service (EPTS) without Permanent Service Aggravation, Resolved and requiring continuous medication. The IPEB found the applicant unfit and recommended he be discharged with severance pay with a combined compensable disability rating of ten percent. On 3 Mar 10, the applicant non-concurred with the findings and recommendations of the IPEB contending that his condition did not make him unfit for duty, and requested a formal hearing of the case. On 3 May 10, a Formal PEB (FPEB) confirmed the diagnosis of the IPEB. They noted that his Major Depressive Disorder with Psychosis was being treated with anti-depression medication and was in remission. His diagnosis of Psychotic Disorder NOS, which existed prior to service, is resolved with anti-psychotic medication and was not permanently aggravated by military service. The FPEB acknowledged the applicant was not currently precluded from performing his duties as an Aircraft Structural Maintenance Journeyman in-garrison. However, his conditions and their treatment limited his availability for world-wide deployment and were unsuited to the long-term requirements and rigors of military life. The FPEB recommended a medical discharge with severance pay with a combined compensable disability rating of ten percent. On 3 May 10, the case was determined to be legally sufficient. The applicant was advised of the findings and recommendations of the FPEB and his appeal rights; he concurred with the findings. On 6 May 10, the Air Force Personnel Council, on behalf of the Secretary of the Air Force, directed the applicant be separated from active service with severance pay for physical disability. On 23 Aug 10, the applicant was honorably discharged for physical disability, received $12,564 in disability severance pay, issued an RE Code of 2Q, and was credited with 3 years, 11 months, and 25 days of active service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial, indicating there is no evidence of an error or injustice. Upon examination in Nov 10, the DVA examiner noted no evidence of any diagnosable mental disorder. Because there was no demonstrated permanent residual or chronic disability, the DVA denied service connection for the applicant’s condition. The applicant bases the contention in his application on the fact that the DVA denied service connection for his mental health conditions. However, service disability adjudications are a moment in time. The PEB must go with the conditions at the time of the case. Therefore, it is not unusual to see differences in conditions between the Department of Defense Disability Evaluation System and the DVA examination. They operate under separate laws. Moreover, the DVA rates service connected disabilities in an on-going fashion. By contrast, the service PEBs rate only the unfitting disability as it exists at the time of the board. The applicant also stated that he was informed by his MPF prior to discharge that he could reenlist. If the applicant was told this, it was in error. The 2Q RE code is the correct code for a medical discharge and this code precludes future military service. The preponderance of evidence reflects that no error or injustice occurred during the disability process. Further, while the member’s condition may still be in remission, as it was at the time of his DES processing, it is the opinion of this office that he remains at risk of recurrence of these mental health conditions and the medications for treating these conditions are unsuited to military service. A complete copy of the AFPC/DPSD evaluation is at Exhibit C. AFPC/DPSOA recommends denial with respect to the applicant’s RE Code. The RE code 2Q is required per AFI 36-2606, Reenlistments in the USAF, Chapter 3, based on his disability discharge. The applicant’s DD Form 214 reflects his RE code at the time of separation. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: His insomnia became worse when he stopped taking Percocet after taking it for 2 years. Percocet is a narcotic known to have side effects, to include insomnia. Insomnia can cause hallucinations and trouble thinking. The Air Force failed to provide adequate means to address his shoulder injury for two years. His shoulder problems began around November 2006, and the Air Force’s approach of using physical therapy and Percocet failed to work until he finally had shoulder surgery around February 2009. He stopped taking Percocet in Mar 09. The most he slept was four hours a night. When he sought help for hallucinations, the doctors overlooked the fact that was on a narcotic for over two years. There were no sleep studies done to verify the fact that he was having problems sleeping. He loved his job, but it was unjustly taken away because he could not think properly while lacking sleep. A complete copy of the applicant’s response is at Exhibit E. ________________________________________________________________ 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. We took notice of the applicant's complete submission, including his response to the Air Force evaluations, in judging the merits of the case. However, the preponderance of evidence reflects that no error or injustice occurred during the disability process. Therefore, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPRs) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the applicant was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with the application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03444 in Executive Session on 13 March 12, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-03444 was considered: Exhibit A. DD Form 149, dated 16 Sep 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 7 Oct 11. Exhibit D. Letter, AFPC/DPSOA, dated 31 Oct 11. Exhibit E. Letter, Applicant, undated.