RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 01-02199

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated to active duty.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The medical condition for which he was discharged  was  proven  false  after
his discharge.

The applicant states that he was diagnosed with asthma;  however,  after  he
separated, it was  proven  that  the  condition  was  a  side  effect  of  a
medication he was taking at the time.  Proper procedures were  not  followed
during his Medical Evaluation Board (MEB).  In  addition,  his  request  for
retainability and cross-training were denied.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 27 March 1996, the applicant enlisted in the  Regular  Air  Force  for  a
period of 4 years.

On 30 March 1999, a Medical Evaluation Board (MEB) convened and  recommended
the applicant be referred to an Informal Physical  Evaluation  Board  (IPEB)
based on the diagnosis of asthma, mild, persistent.

On 9 April 1999, an IPEB convened and based  on  the  diagnosis  of  asthma,
mild, persistent, recommended the applicant  be  discharged  with  severance
pay, with a 10% disability rating.  On 12 April 1999, the  applicant  agreed
with the findings of the IPEB and waived his  right  to  a  Formal  Physical
Evaluation Board (FPEB).

On 13  April  1999,  the  Secretary  of  the  Air  Force  Personnel  Council
determined the applicant should be discharged with  severance  pay,  with  a
disability rating of 10%.

On 1 June 1999, the applicant was  honorably  discharged  in  the  grade  of
senior airman under the provisions of  AFI  36-3212  (Disability,  Severance
Pay).

On 28 September 2000, the Department of Veterans Affairs (DVA)  awarded  the
applicant an overall combined compensable disability rating  of  30%  (i.e.,
hypertension, lumbar strain with  degenerative  disc  disease,  asthma,  and
heart damage).

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AIR FORCE EVALUATIONS:

The BCMR  Medical  Consultant  recommends  the  application  be  denied  and
states, in part, that although  the  diagnosis  of  the  applicant’s  asthma
appears to have been made without the benefit of  all  possible  information
and while  he  was  taking  a  potentially  contributing  medication,  there
remains the underlying problem of hypertension for  which  he  continues  to
require  multiple  medications  to  control.   The  applicant  entered   the
military  with  at  least  borderline  problems   which   fully   manifested
themselves within a very few months of  entry.   Based  on  the  applicant’s
need for  current  multiple  medications  to  control  his  problem,  he  is
rendered  unfit  for  continued  military  service  without  regard  to  any
hypothetical diagnosis of asthma, and could well  have  been  processed  for
disability separation for that condition as well as the  one  for  which  he
was separated.

The BCMR Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPD recommends the applicant be  allowed  to  apply  for  active  duty
through an Air Force Military Entrance Processing Station (MEPS),  where  he
can be reexamined within military channels  to  determine  if  he  can  meet
current medical  standards  for  active  duty.   The  new  medical  evidence
provided by the applicant was presented to an IPEB  for  a  second  opinion.
The IPEB agreed that the new medical evidence may  indicate  a  misdiagnosis
for Asthma; however, there is  still  the  question  about  the  applicant’s
current condition for hypertension, and how the stress of  military  service
could affect his overall fitness.  The IPEB concluded that if the  applicant
still wants to return to active duty, there is nothing to preclude him  from
seeking entry on  active  duty  via  normal  channels  as  a  prior  service
enlistee.  It was determined that if he can meet current medical  enlistment
standards, he should be allowed to return to active  duty.   The  IPEB  also
recommended that any reference to his asthma  diagnosis  remain  within  his
military medical records, in the event that he is returned  to  active  duty
and the condition should reappear.

The AFPC/DPPD evaluation is at Exhibit D.

AFPC/DPPRS states that since the applicant has requested  reinstatement  due
to medical reasons, they will  leave  any  recommendations  to  the  medical
authorities.  However,  based  upon  the  documentation  in  the  file,  the
applicant’s discharge was consistent with  the  procedural  and  substantive
requirements of the discharge regulation.  In addition,  the  discharge  was
within the sound discretion of the discharge authority.

The AFPC/DPPRS evaluation is at Exhibit E.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 15 November 2001  for  review  and  response  within  30  days.
However, as of this date, no response has 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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  After a thorough  review  of  the
evidence of record and applicant’s submission, we are not persuaded that  he
should be reinstated to active duty.  Regardless of  whether  the  applicant
was  misdiagnosed  with  Asthma,  based  on  his   current   condition   for
Hypertension, and how the  stress  of  military  service  could  affect  his
overall fitness, there remains reasonable  doubt  as  to  whether  he  meets
current medical standards for active duty.  In  view  of  this,  we  do  not
believe he should be reinstated to active duty.  However, the applicant  may
apply for active duty through an  Air  Force  Military  Entrance  Processing
Station (MEPS) where he  can  be  reexamined  within  military  channels  to
determine if he meets current enlistment standards.  Whether or  not  he  is
successful will depend on the needs of the service and his ability  to  meet
medical standards.

_________________________________________________________________

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 17 January 2002, under the provisions of AFI 36-2603:

                  Mr. Philip Sheuerman, Panel Chair
                  Mr. Christopher Carey, Member
                  Mr. James Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Jul 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 6 Sep 01.
      Exhibit D.  Letter, AFPC/DPPD, dated 3 Oct 01.
      Exhibit E.  Letter, AFPC/DPPRS, dated 19 Oct 01.
    Exhibit F.  Letter, SAF/MRBR, dated 15 Nov 01.




                                   PHILIP SHEUERMAN
                                   Panel Chair