Search Decisions

Decision Text

AF | BCMR | CY2002 | BC-2002-00384
Original file (BC-2002-00384.DOC) Auto-classification: Denied

                            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

Similar Decisions

  • AF | BCMR | CY2003 | BC-2002-01515

    Original file (BC-2002-01515.doc) Auto-classification: Denied

    On 19 Dec 00, the Secretary of the Air Force directed that the applicant be separated from active service for Physical Disability with severance pay. Thus, there is no evidence provided that his condition of excessive sun sensitivity has actually improved. The complete evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 15 Nov 02 for...

  • ARMY | BCMR | CY2013 | 20130015455

    Original file (20130015455.txt) Auto-classification: Denied

    For his service-connected medical conditions, the VA proposed: * Obstructive Sleep Apnea, claimed as exercise-induced asthma, 50% * Degenerative disc disease, lumbar spine, claimed as back pain, 10% * Tinnitus, 10% * Adjustment Disorder with mixed anxiety and depressed mood, 10% * Right hand strain, left hand strain, cervical strain, right knee degenerative disc disease, left knee degenerative disc disease, allergic rhinitis, enteritis, GERD, and migraines, 0% each 15. (2) Tinnitus (MEB...

  • AF | BCMR | CY2003 | BC-2002-03817

    Original file (BC-2002-03817.doc) Auto-classification: Denied

    The Findings and Recommended Disposition of the IPEB dated 13 August 2001 found the applicant unfit for duty and recommended he be discharged with severance pay with a 10% disability rating based on the following: Category I - Unfitting Conditions that are compensable and ratable: bipolar disorder associated with post-traumatic stress disorder. The Board found his medical condition for Bipolar Disorder as unfitting for continued military service and recommended he be discharged with...

  • AF | PDBR | CY2010 | PD2010-00606

    Original file (PD2010-00606.docx) Auto-classification: Approved

    after discharge for narcolepsy (20%) rating the following would be the correct code for condition. My VA rating for this condition is 50%. I would ask the board to please review all unfitting conditions that would have applied.” He additionally mentions his VA conditions and ratings per the rating chart below.

  • AF | PDBR | CY2009 | PD2009-00552

    Original file (PD2009-00552.docx) Auto-classification: Approved

    The medical basis for the separation was Central Nervous System Hypersomnolence. The CI was referred to the PEB, determined unfit for continued military service, and separated at 10% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force and Department of Defense regulations. The initial 10% rating was based on lack of evidence of either at least two minor seizures in the last six months or a diagnosis of sleep apnea with persistent...

  • AF | BCMR | CY2004 | BC-2003-02026

    Original file (BC-2003-02026.doc) Auto-classification: Denied

    He was presented to a Medical Evaluation Board (MEB) due to chronic pain in his left tibia. The AFPC/DPPRS evaluation, with attachments, is at Exhibit D. AFPC/DPPAE states the RE Code assigned at the time of his 6 December 1994 medical discharge is correct. After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no evidence of an error or injustice.

  • AF | BCMR | CY2008 | BC-1997-03689-2

    Original file (BC-1997-03689-2.doc) Auto-classification: Denied

    His medical condition has changed and improved since his last evaluation by the Air Force in March 1996. The ROTC cadet command referred back to his original Medical Evaluation Board ruling without consideration of his improved condition. The BCMR Medical Consultant notes that while the applicant reports he has improved his exercise tolerance, asthma is a condition that can remain symptom free over extended periods (as evidenced by his recurrence of asthma on active duty after over 10...

  • AF | BCMR | CY2003 | BC-2002-02788

    Original file (BC-2002-02788.doc) Auto-classification: Denied

    The applicant disagreed with the Board’s findings and requested a formal hearing of his case. His rebuttal requested that his medical condition be evaluated as 40 percent disabling or higher. The complete evaluation is at Exhibit D. _____________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 6 Dec 02 for review and comment within 30 days.

  • AF | BCMR | CY2004 | BC-2003-01188

    Original file (BC-2003-01188.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: Her commander recommended her discharge for failure to meet Air Force weight standards, while the Informal Physical Evaluation Board (IPEB) recommended her discharge for a medical condition that existed prior to service (depression). The applicant was discharged on 19 Nov 97 and was issued an RE code of “2Q.” _________________________________________________________________ AIR FORCE EVALUATION: The...

  • AF | BCMR | CY2002 | 0201053

    Original file (0201053.doc) Auto-classification: Approved

    He was given a Reentry Code of “2Q,” “personnel medically retired or discharged” and a Separation Code of “JFL,” “involuntary discharge directed by established directive (No entitlements) for a physical disability which existed prior to entry on active duty, during a break in service, or during a period of inactive service, and was established by a physical evaluation board.” The remaining relevant facts pertaining to this application are contained in the evaluations prepared by the...