COUNSEL:  None - 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER: 97-00144 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

mol  a$& 

HEARING DESIRED:  No 

APPLICANT REQUESTS THAT: 

His  reenlistment  eligibility  (RE) code  be  changed  to  one  that 
will allow reenlistment in the Air Force Reserve. 

APPLICANT CONTENDS THAT: 

He was discharged due to a medical review board's belief  that he 
suffered from a partial complex seizure disorder. He can find no 
evidence to support this belief in his medical records. 

I

-

 

In support, he submits a personal statement and several documents 
from his medical records. Also provided is a 12 July 1995 letter 
from  a  civilian  neurologist  who  feels  that  applicant's  two 
episodes of unconsciousness were vasovagal syncope  (simple fainti 
and that he does not have epilepsy. 

Applicant's complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 

Applicant enlisted in the Regular Air Force on 10 December 1990. 

A  Medical  Evaluation Board  (MEB) Summary dated  28  February  1994 
reflects that applicant was first examined in December 1993 after 
an  episode  of  brief  unconsciousness  in  September  1993  while  a 
passenger in a commercial airplane. He experienced no generalized 
body  shaking,  tongue  biting,  muscle  pain,  or  loss  of 
bowel/bladder.  Applicant  indicated he  had  passed  out  one  other 
time after working out in the gym four hours after a meal. He had 
felt  weak  and  tired  and  had  lain  down  on  a  bench.  He  had 
intermittent  periods  of  weakness  and  confusion  after  these 
episodes  but  no  l o s s   of  consciousness.  He  was  currently 
asymptomatic.  A neurologic consultation in January 1994  [a brain 
scan was  performed  on  14 Jan  94 by  the  Fitzsimons Army  Medical 
Center]  led  to  a  diagnosis  of  probable  complex partial  seizure 
disorder  and  applicant  was  started  on  Dilantin.  Endocrinology 

diagnosed  reactive  hypoglycemia  and  probable  Gilbert's disease 
(benign hereditary excess bile pigment in the b l o o d   characterized 
by  intermittent jaundice  and  commonly by  fatigue,  weakness  and 
abdominal  pain)  The  Summary's  final  diagnosis  was  partial 
complex  seizure  disorder,  reactive  hypoglycemia  and  probable 
Gilbert's disease. Recommendation was  continued use  of  Dilantin 
and frequent small meals. 

An MEB  convened on 2 March  1994. The diagnoses were  the same as 
those  in  the  above-mentioned  MEB  Summary.  The  MEB  recommended 
referral t o   a Physical Evaluation Board  (PEB). 
An  Informal PEB convened on 25 March 1994. The board recommended 
the  applicant  be  discharged  with  severance  pay  for  partial 
complex  seizure  disorder  with  a  compensable percentage  of  10%. 
Other  diagnoses  considered  but  not  ratable  were  reactive 
hypoglycemia and probable Gilbert's disease.  Applicant indicated 
his concurrence with the findings and recommendations on 4 April 
1994. 

He was honorably discharged under the provisions of AFR 35-4 with 
10% severance pay on 17 May  1994 in the grade of  senior airman. 
He was given an RE code of  "2Q" (Medically retired or discharged) 
and  a  separation  code  of  r r J F L 1 t  (Disability, severance p a y )  .  He 
had 3 years, 5 months and 8 days of active service. 

AIR FORCE EVALUATION: 

The  Chief, Physical Disability Division, HQ  AFPC/DPPD, reviewed 
this appeal and states that the disability laws of Title 10, USC, 
require  military  services  to  rate  disabilities  based  on  their 
current condition at the time of disability processing. While the 
applicant  and  his  current  physician  believe  that  he  does  not 
suffer from partial complex seizure disorder and that he may not 
have  been  suffering  from  it  a t   the  time  of  his  discharge,  the 
material  contained  in  the  case  file  shows  that  he  was 
appropriately  diagnosed,  rated  for  compensable  percentage  of 
disability and discharged from the Air Force with severance pay. 
The  author  recommends  denial  from  the  Personnel perspective  of 
the Air  Force disability evaluation system. No  irregularities or 
in2ustices  were  found  in  the  processing  of  his  case  to  merit 
changing his records. The author recommends a medical advisory be 
obtained. Should  t h e   applicant's request  be  denied,  the  author 
recommends the applicant pursue this matter  from the perspective 
of getting a waiver for his RE code through either AFPC/DPPAE or 
HQ ARPC. 

A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit C. 

The  AFBCMR  Medical  Consultant  also  evaluated  this  case  and 
contends  t h a t   the  evidence  is  inconclusive  in  supporting  the 
diagnosis  f o r   which  the  applicant  was  separated with  severance 

- I 

97-00 144 

pay. Unless  there are other medical records to the contrary, it 
would  seem prudent  to consider revision of his RE code to allow 
his participation in Reserve activities. MEB narrative states he 
had  "probable complex partial  seizure disorder, I'  a  rather vague 
reason  for  a  medical  separation.  AFI  48-123  states  that 
.  if  there  is any  indication 
"disturbances  of  consciousness.  . 
that  such  involvement  is  likely  to  interfere  with  prolonged 
normal  function  . 
is  disqualifying  for  induction  or 
enlistment  and  perhaps  would  require  a  thorough  evaluation  and 
possible  waiver  from HQ  AFRES/SG  to  allow applicant to  achieve 
his desired Reserve status. The Consultant recommends applicant's 
request  be  approved  as  it  is  unclear  if  sufficient  medical 
evidence exists to support the reason f o r   his separation. 

I

.

'

 

A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit D. 

The  Chief,  USAF  Physical  Disability  Division,  HQ  AFPC/DPPD, 
reviewed the AFBCMR Medical Consultant's evaluation and does not 
concur with the recommendation, believing that the applicant was 
appropriately  processed  and  rated.  The  author  stands  by  his 
previous assessment. 

A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit E. 

The Chief, Special Activities, HQ AFPC/DPPAES, confirms that the 
RE  code  applicant  received  is  correct  and  was  driven  by  his 
discharge.  If  the  decision  is  to  grant  the  relief  sought, the 
author  recommends the  RE  code  be  changed  to  "3K"  (Reserved for 
use by HQ AFPC  and  the  AFBCMR)  . 
A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit F. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

Complete  copies  of  the  Air  Force  evaluations were  forwarded  to 
the applicant on 2  September 1997 for review and  comment within 
30 days.  As of this date, no response has been received by this 
o f f  ice. 

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  probable  error  or  injustice  to 

07-00 143 

warrant  partial  relief.  Although  the  applicant  does  not 
specifically state which RE code he wants, we presume he desires 
one of the  "Eligible for Immediate Reenlistment,  or  "1" series , 
RE  codes.  However,  after  a  thorough  review  of  the  available 
documentation,  including  the  two  conflicting  opinions  from  the 
Air Force, we believe an appropriate remedy would be to grant him 
an  RE  code  from  the  I13l1 series.  While  this  series  indicates 
"Conditions Barring  Immediate Reenlistment," these codes, unlike 
the  2  series  he  is  presently  in, are  "waiverable." In  other 
words, an RE code from the  " 3 ' l   series would permit him  to apply 
for  enlistment  and,  should  he  have  desirable  skills  and  is 
otherwise medically  acceptable, the Reserves may  elect  to waive 
his  ineligibility and  allow him  to enlist. The  applicant  should 
understand  that  this RE  code change in no way  obligates any  of 
the  Services  to  accept  him  for  enlistment. We  determined  this 
compromise  is  appropriate  in view  of  the  fact  that  the  precise 
nature of his medical  condition is unclear.  We believe  that he 
should be given some benefit of the doubt, or at least be allowed 
the opportunity to prove he has no disqualifying condition.  At 
the  same time, we  do not  believe  he  should be  made  immediately 
eligible for reenlistment if he, in fact, has a medical condition 
that  could  put  himself  and  others  at  risk.  Therefore,  we 
recommend  that  his  records  be  corrected  to  reflect  he  was 
discharged with an RE code of  "3K1' (Reserved f o r   use by HQ AFPC 
and  the  AFBCMR) . 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be  corrected to show that, in conjunction 
with  his  honorable  discharge  or;  17  May  1994, he  was  issued  a 
reenlistment eligibility (RE) eode of  I13K, I'  rather than "2Q. 

The following members of the Board considered this application in 
Executive Session on 12 May 1998, under the provisions of AFI 3 6 -  
2 6 0 3 :  

Mr. Thomas S. Markiewicz, Panel Chair 
Mr. Richard A. Peterson, Member 
Mr. Loren S. Perlstein, Member 

All  members  voted  to  correct  the  records, as  recommended.  The 
following documentary evidence was considered: 

Exhibit A. DD Form 149, dated 27 Jan 97, w/atchs. 
Exhibit B. Applicant's Master Personnel Records. 
Exhibit C. Letter, HQ AFPC/DPPD, dated 4 Mar 97. 
Exhibit D .  Letter, AFBCMR Medical Consultant, dated 29 May  97. 

97-00 144 

Exhibit G .  Letter, AFBCMR, dated 2 Sep 97. ?--e 

Exhibit E. Letter, HQ AFPC/DPPD, dated 7 Aug 97. 
Exhibit F. Letter, HQ AFPC/DPPAES, dated 18 A u g   97. 

THOMAS S .   MARKIEWICZ 
Panel Chair 

07-00 144 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFECMR 97-00 144 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for Correction 
of Military Records and under the authority of Section 1552, Title  10, United States Code (70A 
Stat 116). it is directed that: 

records of the Department of the Air Force relating to 
corrected to show that. in conjunction with his honorable discharge on 
d a reenlistment eligibility (RE) code of "3K."  rather than "2Q." 

c/ Director 

Air Force Review Boards Agency