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AF | BCMR | CY1999 | 9802654
Original file (9802654.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02654
                             INDEX CODE: 110.02

                             COUNSEL: None

                             HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed from “2Q”  to  “1”  so  he
can enter the Vermont Air National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The doctors were not experienced with the type of problem he was  having  at
the time of his discharge.  This problem,  an  eating  disorder,  is  seldom
incapacitating.  Prior  to  his  seeking  supportive  counseling  about  the
matter, none of the officers nor enlisted men he served with  knew  of  this
issue.  The record and disposition are unjust  due  to  the  fact  that  the
eating disorder did not impair his ability to serve and fulfill all  of  his
duties.  He believes he can be an asset to  the  Air  Force  and  wishes  to
serve in the Vermont Air National Guard.  They will give him a physical  and
enlistment test if he can get his RE code changed to a “1.”  With regard  to
the other “diagnosis considered  but  not  ratable,”  he  does  not  have  a
personality disorder.  The civilian doctor he met with has  stated  that  he
is and remains asymptomatic, and his past history would not  interfere  with
his military service.  There are no indicators of  an  underlying  disorder,
disease, or problem.  He thinks the doctor that  evaluated  him  at  Andrews
AFB believed he was acting in the  best  interest  of  the  Air  Force,  not
necessarily him.  The labels given him were because of the unfamiliarity  of
the issue he was requesting help with.

In support of his request, he  submits  two  statements  from  the  Behavior
Therapy and Psychotherapy Center, Degree of Associate  in  Science,  College
Transcripts and Awards.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 1 February 1984 in the  grade
of airman basic for a period of 4 years.

On 26 August 1986, the applicant  was  presented  to  medical  attention  at
Keflavik, Iceland where he was identified as bulimic.

On 21 December 1986, the  applicant  was  hospitalized  for  evaluation  and
treatment.

On 16 March 1987, the applicant was presented to a Medical Evaluation  Board
(MEB) that convened at Andrews AFB, MD,  which  referred  his  case  to  the
Informal Physical Evaluation Board (IPEB).

On 24 March 1987, the IPEB found the applicant unfit for continued  military
duty with a diagnosis  of  bulimia,  with  moderate  social  and  industrial
impairment.  This condition existed prior to service (EPTS) without  service
aggravation.  Other diagnosis considered but not ratable: mixed  personality
disorder, chronic, severe.  The IPEB recommended discharge under other  than
Chapter 61, 10 USC.

On 30 March 1987, the applicant agreed with  the  findings  and  recommended
disposition of the PEB.

On 13 April  1987,  the  Secretary  of  the  Air  Force  directed  that  the
applicant be discharged under other than Chapter 61, 10 USC.

Applicant was honorably discharged on 6 May 1987, in  the  grade  of  senior
airman, in accordance with AFR 35-4, Disability Existed Prior to Service  No
Severance Pay.  He served a total of 3 years, 3 months and 6 days of  active
military service.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant, reviewed this application and states  that  the
applicant  was  discharged  when  a  disqualifying  medical  condition  that
predated his Air Force enlistment was revealed.  Evidence  of  record  shows
that this matter  was  appropriately  handled  and  that  discharge  was  in
accordance with regulations which support the law.  The applicant’s  request
to change his RE code so as to be  able  to  serve  in  the  National  Guard
cannot be favorably recommended  as  AFI  48-123,  Attachment  3,  paragraph
A3.23(3) states  specifically  that  an  “...eating  disorder(s)  that  (is)
habitual or persistent (occurring  beyond  age  12)”  is  disqualifying  for
appointment, enlistment or induction.  While
commending the applicant on his desire to further serve  his  country  in  a
reserve capacity, the Medical  Consultant  states  that  he  must  recommend
denial of his request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and states he finds his RE  code
designation unfair.  The diagnosis at discharge was more  designed  for  his
discharge than  treatment.   He  honestly  does  not  remember  being  given
extensive physchological testing.  He met with the Air  Force  doctor  three
or four times.  The rest was waiting as there did not seem any  way  he  was
going back to duty.  He accepted his fate because he did not see any way  he
was going to be allowed to stay.  He was immature at the time.  Enough  time
has passed to prove he is not bulimic.  He needed to correct  a  maladaptive
behavior and has done so.  He brought an issue to the Air Force’s  attention
because he thought that he would receive help  with  his  personal  problem.
He did not realize this would end his career in the Air  Force.   He  states
that he does not have a personality disorder.  How could he  accomplish  the
jobs in the Air Force or continue to work and improve in  civilian  life  if
that were true.   The  only  person  to  diagnose  him  with  a  personality
disorder is the Air Force doctor.  He believes this was  done  to  reinforce
the case to discharge him.  He is  willing  to  take  any  steps  the  Board
wishes, in an effort to change his RE code.  He is requesting  a  waiver  of
AFI 48-123, Attachment 3, Paragraph A3.23 as his condition is  not  habitual
or persistent.  He has over  eight  years  of  proof,  from  April  1990  to
present.  He respectfully asks this Board to grant  his  request  and  allow
him the chance to serve his country once again.

Applicant’s complete response, with attachments, 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 not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  probable  error  or  injustice.   While  we  can   understand
applicant’s desire to reenter the service, the  fact  remains  that  he  was
diagnosed with  a  mixed  personality  disorder  as  well  as  bulimic.   In
accordance with the applicable regulation,  applicant  is  disqualified  for
appointment, enlistment or induction in the  Air  Force.   In  view  of  the
above findings, we agree with the opinion and recommendation of  the  Chief,
Medical Consultant and adopt his rationale as the basis for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  upon  which  to  recommend  favorable  action   on   this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 this application in  Executive
Session on 11 May 1999, under the provisions of AFI 36-2603:

          Ms. Charlene M. Bradley, Panel Chair
          Mr. Edward C. Koenig, III, Member
          Mr. Michael V. Barbino, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 20 Sept 98, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 26 Oct 98.
      Exhibit D. Letter, AFBCMR, dated 30 Nov 98.
      Exhibit E. Applicant’s Response, dated 15 Dec 98, w/atchs.





                             CHARLENE M. BRADLEY
                             Panel Chair

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