RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-03372
INDEX CODE: 108.O1
COUNSEL: Mr. Dale Ray Gardner
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be retired from the United States Air Force Reserve (USAFR) in the grade
of technical sergeant and he be entitled to all the benefits thereof.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was denied reenlistment in the USAFR in February 1986 because of medical
problems. He was under a physicians care for several years for control of
hypertension. The medications he was taking were controlling the high
blood pressure with both the systolic and diastolic pressures within both
civil and military definitions of "normal." However, the medical standards
that were applied when he tried to reenlist are unreasonable and unjust.
The systolic standard for disqualification for flight personnel is, if it
is greater than 140mm Hg, after treatment and if the diastolic pressure is
greater than 90mm Hg. Yet for enlisted personnel the disqualifying factor
is 140 over 90mm Hg, at any age, without consideration of treatment.
Disqualification for worldwide service and continued active duty occurs if
the diastolic pressure is consistently more than 110mm Hg following an
adequate period of therapy in an ambulatory status. As evidenced by his
medical records, his blood pressure was consistently below 110mm Hg.
Standards for enlistment in the USAFR require a 5-day blood pressure
reading to be recorded. No such reading was ever conducted, thus denying
him a fair review of his medical condition and a medical evaluation.
Applicant states that there appears to be a racial pattern of differences
in hypertension between White and Black Americans which may have resulted
in racial discrimination with regard to enlistment in the USAFR.
In support of his request applicant provided, a personal statement,
documents associated with his denial of reenlistment, extracts from his
medical records, documents associated with his Freedom of Information Act
(FOIA) request; a copy of AFR 160-43, Medical Examination and Medical
Standards; documents associated with AFR 160-43 interim message changes and
policy letters, printouts from websites; and, AFI 48-123, Medical
Examination Standards. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 18 Aug 52. On 17 Aug 56 he
was released from active duty and transferred to the Obligated Reserve
Section (ORS) of the USAFR. On 17 Aug 60, he reenlisted in the USAFR and
his name was placed on the active Reserve list. He continuously served
various assignments within the USAFR until he was transferred to the
Inactive Status List Reserve Section (ISLRS) on 4 Sep 68, due to
nonparticipation. On 3 Jun 70, he was honorably discharged from the USAFR.
Applicant has completed 16 years of honorable Federal service and was
credited with a total of 12 years of satisfactory Federal service.
Applicant reached the age of 60 on 6 Jun 94.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/DPZ reviewed applicant’s request and recommends denial. DPZ states
that he has not provided any documentation that would warrant a change in
the initial medical assessment at the time he was disallowed to reenlist in
the USAFR in 1986. The DPZ evaluation is at see Exhibit C.
The BCMR Medical Consultant reviewed applicant's request and recommends
denial. The Medical Consultant states that the applicant confuses the
medical standards for enlistment with that for continued service, arguing
that the standards for continued service should have applied in his case.
AFR 160-43, which was applicable in his case, is clear on when medical
standards for enlistment as opposed to the standards for continued service
will be applied when there is a break in service. The AFI also establishes
entry criteria provided no more than 93 days has elapsed between the
release date and when no more than 180 days have elapsed. Some waiver
authority is allowed for cases exceeding 180 days. AFI 48-23, which
superceded AFR 160-43, more clearly states that the enlistment standards
are to be used for a break in service greater than 6 months. The
applicant's break in service has been more than 16 years.
Repeated blood pressure readings are required for establishing a diagnosis
of hypertension or for establishing satisfactory control by diet or drug
therapy. Since he had an established diagnosis of hypertension and was
being treated, no further testing was required. Hypertension whether
treated or untreated was disqualifying for enlistment under AFR 16-43 and
is still disqualifying under AFI 48-123. He also has a diagnosis of gout,
which is disqualifying for enlistment. His contention that hypertension
occurs more frequently in Black Americans is true. The fact that
hypertension is a disqualifying medical condition for enlistment is due to
reasons related to complications of hypertension that render individuals
unfit for worldwide duty. The fact that he, in retrospect, did not suffer
complications of hypertension during the time he may have served had he
been accepted back into the Air Force, has no bearing on judging the
decision to disqualify him for enlistment. The Medical Consultant
evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In further support of his request, applicant provided additional extracts
from his medical records. His complete submission, with attachments, is at
Exhibit G.
_________________________________________________________________
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. We took notice of the
applicant's complete submission in judging the merits of the case; however,
we agree with the opinions and recommendations of the Air Force offices of
primary responsibility and adopt their 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 persuasive evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in 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 Docket Number 01-03591 in
Executive Session on 25 Apr 02, under the provisions of AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Mr. John E. Pettit, Member
Mr. Laurence M. Groner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Oct 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/DPZ, dated 14 Jan 02.
Exhibit D. Letter, SAF/MRBR, dated 1 Feb 02.
Exhibit E. BCMR Medical Consultant, dated 5 Mar 02.
Exhibit F. Letter, SAF/MRBR, dated 7 Mar 02.
Exhibit G. Letter, Counsel, dated 15 Apr 02, w/atchs.
JOSEPH A. ROJ
Panel Chair
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