RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04598 COUNSEL: HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His records be corrected to reflect he was worldwide qualified and was not discharged from the Oklahoma Air National Guard for being medically disqualified. 2. His NGB Form 22, Report of Separation and Record of Service, be corrected to reflect he was honorably discharged with an authority and reason for separation of “Secretarial Authority.” _________________________________________________________________ APPLICANT CONTENDS THAT: In a 15-page brief, the applicant’s counsel makes the following key contentions: 1. He was discharged for being unfit because of mental health reasons; however, it was determined that he did not have any illnesses that met the criteria in the Diagnostic and Statistical Manual or Mental Disorder (DSM IV) and should not have been discharged. 2. He was diagnosed with “paranoid personality traits,” but this was based on his clear discomfort with being evaluated by the mental health professionals. It should be noted that he was improperly referred to mental health by his commander. 3. He completed undergraduate pilot training (UPT); however, his commander thought his progress in the Mission Certification Training (MCT) was too slow and determined that there must be some mental health issue slowing his progress. His commander strongly suggested that he discuss his difficulties with the Flight Surgeon. Subsequently, after a one hour mental health session and without any testing, it was speculated that he had an Adjustment Disorder Not Otherwise Specified. 4. He initially cooperated with the evaluations that were being conducted; however, after he realized he was being evaluated for a mental health issue as opposed to an education type testing and training to see why he was freezing up in the cockpit, he became resistant to the process. 5. Later, he was diagnosed with an adjustment reaction with brief depressive reaction. The physician that was evaluating him was not a mental health processional, so he stated that he could not provide a further recommendation on the applicant’s return to flying status and requested he be further evaluated. 6. He was evaluated by another licensed psychologist who found that he did not meet the criteria for any mental illness condition. The physician further noted that all the instances where the applicant struggled to make sense of the process and/or was because he was resistant to being referred into the mental health process. The physician opined that the applicant did manifest maladaptive personality traits. The physician also noted that the applicant had qualities that would continue to make him an otherwise valuable asset with the NGB. Despite this recommendation and the prior notation that he would be a valuable asset, the applicant was found medically disqualified for worldwide duty on 9 Jun 09. 7. Further, certain requirements must be met before an officer may be discharged for being medically disqualified. The criteria is provided on pages 13 and 14 of the personal statement (see Exhibit A). 8. Finally, because the applicant’s removal was made in error, it should be reversed. He should be designated worldwide qualified and his record should be corrected to reflect that he received an honorable discharge by reason of Secretarial Authority so that he may continue his career in the Air Force. In support of his request, the applicant provides a supplemental statement and excerpts from his personnel and medical records. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Air National Guard (ANG) on active duty for a period of 4 years, 7 months, and 24 days. He completed KC-135R MCT on 20 Nov 08. On 6 Mar 08, his commander directed he be downgraded for cause to Unqualified Pilot IAW AFI 11-202V2 due to lack of progress through MCT and because his performance was below satisfactory. He was recommended to receive a formal mental health evaluation based on personal observations. The applicant did not have any pending administrative action or judicial/non-judicial punishment outside of the medical process to determine his fitness for duty. On 2 Jun 09, the applicant was diagnosed with the following: Axis I: No Diagnosis Axis II: Paranoid Personality Traits Axis III: None Axis IV: Occupational Problem Axis V: 61 (Difficulty in Social and Occupational Functioning) The applicant’s Report of Medical Examination, dated 9 Jun 09, reflects that he was medically disqualified for worldwide duty. The applicant’s NGB Form 22, dated 3 Dec 09, shows the authority and reason for his discharge as AFI 36-3209, paragraph 2.16, physical disqualification, with a Separation Program Designator (SPD) of “JFJ.” He was credited with 14 years, 2 months, and 7 days of total service for pay. _________________________________________________________________ AIR FORCE EVALUATION: NGB/SGPF recommends partial-relief. They recommend the applicant’s commander and the discharge authority review AFI 36- 3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, (Table 2.1) Voluntary or Involuntary discharge and Dropping Commissioned and Warrants from the Rolls of the Air Force, and reconsider for substandard performance of duty. Although the applicant did not have a disqualifying Axis I diagnosis, he did have an Axis II that may be considered unsuitable for further military duty. SGPF recommends permanent disqualification for Flying Class duties in accordance with the governing regulation and the Aircrew Waiver Guide, respectively, due to lack of progression through Mission Certification Training (MCT). The complete SGPF evaluation is at Exhibit B. NGB/A1PS concurs with the subject matter expert (SME) advisory and recommends partial-relief as recommended by SGPF. The complete A1PS evaluation is at Exhibit C. The BCMR Medical Advisor recommends granting the applicant’s request to change his records. In this respect, the applicant showed some signs of anxiety in the cockpit while being under stress during his upgrade in the aircraft, which affected his performance. The flight surgeon initially diagnosed the applicant with an Adjustment Disorder, which was an accurate diagnosis when symptoms of a mood disorder follow stressful, or anxiety provoking, events, such as flight training. However, the flight surgeon is not a mental health provider so he requested consultation with Aeromedical Consultation Service. The mental health evaluation found the applicant as having an Adjustment Disorder (“Axis I: No diagnosis”). This does not mean the flight surgeon’s initial diagnosis was wrong; it only means that with more information, a more precise diagnosis was possible, which happens often. However, in this case, the applicant was grounded, eventually medically disqualified, and separated from the ANG, for the original diagnosis, which he does not have, and which was refuted by a mental health provider. The applicant has subsequently demonstrated his ability to become rated in a complex aircraft. However, it is not within the expertise of the Medical Advisor to conclude whether this aviator can function safely and effectively in a military aircraft. Nevertheless, there are administrative processes in place, such as Flight Evaluation Boards, which can determine if a person’s performance meets standards. It is noted the applicant’s separation was clearly based on an incorrect diagnosis as the ANG SG’s office did not have the most current information when they made that decision. The applicant does not have a diagnosis that disqualifies him from worldwide duty. His diagnosis, by itself, does not automatically disqualify him from flight duties, although it cannot be determined if the Axis II diagnosis of personality trait affects him sufficiently that he cannot qualify to fly military aircraft. The complete BCMR Medical Advisor’s evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 24 Jul 12 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 error or injustice. After a thorough review of the evidence of record and that provided by the applicant, it appears the ANG Surgeon General did not have the most current information to make a sound decision in determining whether the applicant was fit for duty or worldwide qualified. Further, the applicant did not have a medical condition that disqualified him from flight duties as an aviator, as noted by the BCMR Medical Advisor. As a result, we agree with the BCMR Medical Advisor’s opinion and recommendation to change his records to show that he was discharged under “Secretarial Authority.” We took note of the NGB recommendation the applicant be disqualified from Flying Class duties IAW the governing instructions and the commander and discharge authority reconsider discharge action for substandard performance of duty; however, such follow-on administrative actions are not within the purview of the Board’s actions and this Board is prohibited by equity from making a correction to a record that is detrimental to an individual. As such, the applicant’s records should also reflect that he was worldwide qualified at the time of his discharge. Consequently, we recommend the records 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 honorable discharge on 3 December 2009 he was medically qualified for worldwide duty and discharged under “Secretarial Authority,” with SPD code of “JFF.” _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04598 in Executive Session on 16 Oct 12, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered in BC-2011-04598: Exhibit A. DD Form 149, dated 11 Oct 11, w/atchs. Exhibit B. Letter, NGB/SGPF, dated 12 Jun 12. Exhibit C. Letter, NGB/A1PS, dated 2 Jul 12. Exhibit D. Letter, BCMR Medical Advisor, dated 17 Jul 12. Exhibit E. Letter, SAF/MRBC, dated 24 Jul 12.