RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04424 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect he received a medical retirement. APPLICANT CONTENDS THAT: He served on active duty for 15 years and served with the Air Force Reserve and Air National Guard (ANG) for over 3 years giving him over 18 years of service toward retirement. In 2001, he tried to reenlist in the Illinois ANG to obtain the time needed to receive retirement; however, he was not able to reenlist in the ANG due his prior medical history of depression. He was diagnosed and hospitalized for depression while stationed at Clark AB. His medical records were considered by a medical board and he was found fit for military service. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: Source documents pertaining to the details of the applicant’s discharge are not included in the applicant’s application package and are not available for review in the military personnel database system. The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, reflects he served in the Regular Air Force from 28 Jul 77 to 1 Aug 92; and was credited with 15 years and 6 days of active service. On 24 Jun 92, a Report of Medical History indicates the applicant had a history of depression since 1988. The record further indicates he was on medication with good results, was hospitalized for 32 days, and was diagnosed with biological depression. The applicant’s NGB Form 22, Report of Separation and Record of Service, dated 31 Oct 96, reflects in Block 10, Record of Service: 2 years, 6 months and 28 days of service for this period, 2 years and 16 days of prior Reserve service, 15 years and 16 days of prior active service, and 19 years and 8 months of service for pay. The authority and reason for release was AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, para 3.12.19, Miscellaneous Reasons. AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends granting the applicant relief by either granting him the necessary time to achieve 20 satisfactory years of service (YOS) or medically retiring him. The Medical Consultant states the applicant has experienced the misfortune of being qualified for retention on military service, but not qualified for re-entering military service after a break in service; although a likely relatively short period. The applicant has not supplied service medical documentation to determine his official clinical status and fitness to serve at a given time or at the time of release from military service, e.g., existing profile documents rendering him worldwide qualified or not, and clinical progress notes depicting the severity of his medical condition(s) at a given time. They are only supplied with the applicant’s statement to the effect that he was previously found fit for duty despite the history of depression, which suggests he was qualified for continued military service under Air Force retention standards. The Medical Consultant opines that one could reach this conclusion by virtue of the fact that his Separation History and Physical Examination document shows his depression may have been first diagnosed and treated in 1988 and that his medical condition was controlled on prescribed medications. However, it is likely that when the applicant reportedly left the Oklahoma ANG seeking service with the Illinois ANG, he was confronted with qualifying for more stringent Air Force accession standards. Specifically, under the current DoDI 6130.03, Medical Standards for Appointment, Enlistment, or Induction in the Military Service, and likely earlier versions, a “history of depressive disorders, including but not limited to major depression, dysthymic disorder, and cyclothymic disorder requiring outpatient care for longer than 12 months by a physician or other mental health professional, or any inpatient treatment in a hospital or residential facility” is disqualifying for service entry. The immediately preceding 2005 version reads, “Current mood disorder, including, but not limited to, Major Depression, Bipolar, Affective Psychoses, and Depressive Disorder, not other- wise specified, are disqualifying.” Additionally, “history of inpatient treatment in a hospital or residential facility is disqualifying.” This clearly explains why the applicant was not allowed to re-enter the ANG. The legibility of the supplied service documentation [NGB-Form 22] does not allow for determining the likely length of the applicant’s break in service. Nevertheless, the email message from the official with the Illinois ANG suggests an unintended error in communication occurred during the process of applying to enter Illinois ANG; giving the applicant the false belief that he would be able to resume his military service after leaving the Oklahoma ANG. Based upon the limited supplied evidence, the Medical Consultant opines the applicant is the victim of an unintended self-induced injustice by electively cutting short his military career likely due to not being fully informed of the consequences of his attempted transfer from the Oklahoma ANG to the Illinois ANG. While the Air Force followed established policies by denying the applicant’s re-enlistment, it would seem reasonable that any counseling available to the applicant, or required during the separation process at the Oklahoma ANG, would have included an inquiry to the reason/justification for electing separation for Miscellaneous Reasons with 19 years and 8 months total service for pay and an explanation of the possible consequences. It appears that administrative officials, and the applicant, did not take into account his prior history of depression and hospitalization as a possible impediment; thus placing the applicant in a “catch - 22” with policies at odds; with likely no actual overt change in the applicant’s real world clinical status or ability to function at the time. Although the applicant holds great culpability in ending his Air Force career, the Medical Consultant opines the State government is not fully with clean hands. Therefore, the Medical Consultant recommends one of the following options to the Board; deny the applicant’s petition outright, grant him the months necessary to reach 20 satisfactory YOS, or find him medically disqualified and retire [transfer to Retired Reserve Section] him with greater than 15, but less than 20 satisfactory YOS. The Medical Consultant further notes that 10 USC, Section 12731A, Temporary Special Retirement Qualification Authority, may be an available option for the period 23 Oct 92 to 31 Dec 01. A complete copy of the AFBCMR Medical Consultant’s evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 Jul 15, for review and comment within 30 days (Exhibit E). As of this date, a response has not been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case and after reviewing the evidence of record and noting the sequence of events that led to the applicant’s separation, we agree with the opinion of the AFBCMR Medical Consultant that the applicant has been the victim of an injustice albeit an unintended self- induced injustice by electively cutting short his military career likely due to not being fully informed of the consequences of his attempted transfer from the Oklahoma ANG to the Illinois ANG. We note that even with his medical condition the applicant was qualified for retention in his current unit; however, under the, then, current medical standards his medical condition did not meet the requirements for reenlistment. We further note that according to his NGB Form 22, Report of Separation and Record of Service, the applicant completed over 19 but less than 20 years of satisfactory service and Item 26, Reenlistment Eligibility on his NGB Form 22, indicates “eligible.” While there is no evidence that he was not properly counseled regarding reenlistment following a break in service, or that the Air Force violated any established policies regarding his reenlistment; we are persuaded that had he known he was not eligible for reenlistment contrary to what was indicated on his NGB Form 22, he would not have attempted to transfer to another unit and would have completed the necessary service for retirement at his current unit. Consequently, we agree, with the AFBCMR Medical Consultant’s recommended option to find the applicant medically disqualified and retire him under the provisions of Title 10 USC, Section 12731b, and adopt his rationale as the basis for our conclusion the applicant has been the victim of an injustice. Therefore, we recommend the applicant's records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: a. He was not discharged on 31 October 1996, under the provisions of AFI 36-3209, but rather, he was relieved from Reserve duty on 31 October 1996 and, effective 1 November 1996, he was medically retired under the provisions of Title 10 U.S.C., Section 12731b. b. His election of the Reserve Component Survivor Benefit Plan (RCSBP) option will be corrected in accordance with his expressed preferences and/or as otherwise provided for by law or the Code of Federal Regulations. The following members of the Board considered AFBCMR Docket Number BC-2014-04424 in Executive Session on 9 Sep 15 and 5 Oct 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04424 was considered: Exhibit A. DD Form 149, dated 24 Oct 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFBCMR Medical Consultant, 30 Jun 15. Exhibit D. Letter, SAF/MRBR, dated 6 Jul 15.