ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2011-04310 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: Her Reserve retirement be changed to a disability retirement. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is a former member of the Air National Guard who, on 9 May 2007, presented to a military outpatient clinic with a report of “multiple episodes of bronchospasm.” Her medical records indicate she reported her symptoms “were irritated by her deployment to Turkey in 2003 and Iraq in 2004.” The record also indicates her condition was controlled with an inhaled bronchodilator and inhaled steroid combination; however her condition was determined disqualifying for retention under the provisions of Air Force Instruction (AFI) 48-123. An Air Force Form 348, Line of Duty Determination, dated 9 May 2007, indicates the applicant had an initial LOD approved on 28 July 2004, regarding a diagnosis of acute bronchitis. A pulmonologist subsequently diagnosed the applicant with Asthma, which is a disqualifying condition for further military service. Her respiratory condition was found to be In the Line of Duty (ILOD). On 20 September 2007, the applicant underwent a Medical Evaluation Board (MEB) for Asthma and Sleep Apnea. Her case was subsequently referred to the Informal Physical Evaluation Board (IPEB). The IPEB found the applicant’s condition did not prevent her from reasonably performing her duties of her office, grade, rank or rating; and, recommended her for return to duty. The applicant disagreed with the IPEB decision; however there is no evidence to show she sought further appellate review of the IPEB findings and recommended disposition. As a result, even though the applicant was returned to duty, she did not meet medical standards for worldwide deployments. Because her position was a deployable one, her unit was instructed to place the applicant in an Assignment Limitation Code-C status with a re-evaluation period/expiration date of 31 December 2008, and to convert her position to a non- deployable one in order to retain her. However, the applicant’s position was projected for elimination at the end of Calendar Year 2008; therefore, upon expiration of the converted non- deployable position, she again became disqualified for retention. Because the applicant had served more than 15 but less than 20 years of satisfactory service, she was subsequently reassigned to the Retired Reserve Section and placed on the USAF Reserve Retired List effective 1 January 2009. On 27 November 2012, the Board considered and denied the applicant’s initial appeal to change her Reserve retirement to a disability retirement. For an accounting of the facts and circumstances surrounding the applicant’s earlier appeal; and, the rationale of the decision by the Board, see the Record of Proceedings (ROP) at Exhibit D with Exhibits A through C. On 14 March 2013, the applicant submitted a request for reconsideration, and provided civilian medical treatment documentation as new evidence of her condition of Asthma. The applicant’s complete submission, with attachments, is at Exhibit E. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: 1. In earlier findings, the Board determined that there was insufficient evidence to warrant changing the applicant’s Reserve retirement to a disability retirement. After thoroughly reviewing the additional documentation submitted in support of this appeal and the evidence of record, we do not believe the applicant has overcome the rationale expressed in the previous decision. Therefore, we do not find the additional evidence presented is sufficient to warrant the relief sought on that basis. In the absence of evidence to the contrary, we find no basis upon which to recommend favorable consideration of the applicant’s request. 2. 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 DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2011-04310 in Executive Session on 1 April 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2011-04310: Exhibit E. Letter, Applicant, dated 14 Mar 13, w/atchs. Exhibit D. ROP, dated 8 Jan 13, w/Exhibits A through C. Panel Chair