RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00384
INDEX CODE: 112.10
XXXXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed from 2Q, so he can
reenlist in the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was misdiagnosed with Narcolepsy and wrongfully separated from the Air
Force.
In support of his application, the applicant provided a statement from his
employer and medical records initiated at a Department of Veterans Affairs
(DVA) medical facility. The applicant’s complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 August 1998, the applicant enlisted in the Regular Air Force at the
age of 18 in the grade of airman basic for a period of four years. On 15
May 1999, following his successful completion of basic military and
technical training, the applicant was assigned to duties as a Security
Forces Apprentice.
On 21 June 2000, the applicant, who was then serving in the grade of airman
first class (E-3), was diagnosed with Narcolepsy following a referral for
excessive daytime sleepiness and for increased sleepiness over the previous
four to six months. The applicant’s case was referred for consideration by
a Medical Evaluation Board (MEB). The MEB was held on 1 August 2000.
Based on a diagnosis of “Pathologic hypersomnolence,” incurred while the
applicant was entitled to basic pay and which had not existed prior to
service, the MEB recommended that the case be referred to an informal
Physical Evaluation Board (IPEB). The Hospital Commander approved the
MEB’s findings and recommendation. The applicant was advised of the
foregoing decision and declined to submit a Letter of Exception.
On 21 August 2000, the IPEB convened to consider the applicant’s case and
found him unfit for further military service due to “Hypersomnolence,
Narcolepsy-like.” The IPEB further found the disability was incurred in
line of duty in time of war or national emergency or after 14 September
1978, the condition was ratable at 10%, and that the degree of impairment
might be permanent. The IPEB noted that his condition impacted his ability
to perform duties as a security policeman and recommended that he be
discharged with severance pay. The applicant agreed with the PEB findings
on 25 August 2000.
On 10 October 2000, the applicant was honorably discharged because of
physical disability with entitlement to disability severance pay in the
amount of $5,042.40. He had served 2 years, 2 months and 6 days on active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE recommends denial. DPPAE indicated that the RE-2Q (personnel
medically retired or discharged) was properly accessed to the applicant’s
record as he was discharged in accordance with Air Force directives. The
AFPC/DPPAE evaluation is at Exhibit C.
The BCMR Medical Consultant also reviewed this application and is of the
opinion that no change in the records is warranted. The BCMR Medical
Consultant’s assessment is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force Evaluations were forwarded to the applicant on 18
October 2002, for review and comment within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
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 error or injustice. Evidence has not been provided which
would lead us to believe that applicant improperly separated because of
physical disability with the assignment of a corresponding RE-2Q. While it
may be that there is some question as to the correct diagnosis in the
applicant’s case, the record clearly shows that his separation had its
basis in symptoms that created sufficient doubt concerning his fitness for
duty to warrant disability processing. Following a medical workup and
reviews by the Medical Board and the IPEB, it was determined that he was
unfit to perform his duties. As a result, his separation for disability
was required by the governing regulation, which implements the law. In
view of the foregoing and absent persuasive evidence indicating the reports
of the applicant’s symptoms and their affects on his ability to perform his
duties were erroneous, or showing the governing regulations were violated
or he was not afforded all rights to which entitled during his disability
processing, we agree with the opinion and recommendation of the AFBCMR
Medical Consultant and find that the applicant has not sustained his burden
for providing a showing of error or injustice. Accordingly, his request 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 this application in Executive
Session on 3 December 2002, under the provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Ms. Brenda L. Romine, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered in connection with AFBCMR
Docket No. 02-00384:
Exhibit A. DD Form 149, dated 14 Dec 01, with attachments.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 9 Oct 02.
Exhibit D. Letter, BCMR Medical Consultant, dated 20 Jun 02.
Exhibit E. Letter, SAF/MRBR, dated 18 Oct 02.
JOSEPH G. DIAMOND
Panel Chair
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