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AF | BCMR | CY2003 | BC-2003-00762
Original file (BC-2003-00762.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00762
            INDEX CODE:  110.02
            COUNSEL: NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility (RE) code be changed to  one  that  would
allow her to reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was unjustly discharged  without  sufficient  evidence.   She  has
never been diagnosed as having a medical disability.  She successfully
completed basic military training, technical school, and all physicals
given while on active duty.  She is fully capable to  perform  in  the
Air Force.

In support of her request, the applicant submits a copy of her DD Form
214, Certificate of Release or Discharge from Active Duty, a  copy  of
report from civilian doctors, copies of letters of recommendation, and
excerpts from her military medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
16 October 1996 for a term of 4 years.

She passed out in November 1996 while standing in the chow line during
basic training.  Her next episode of loss of consciousness occurred in
technical school while  seated  in  the  classroom.   Because  of  her
history of recurrent loss of consciousness, she  underwent  a  medical
evaluation board.  The informal and formal Physical Evaluation  Boards
determined that she was unfit for continued duty due to  her  existing
prior to service episodes of loss  of  consciousness  and  recommended
separation.

On 16 December 1997, the applicant was discharged from the Air  Force,
under the provision of AFI 36-3213,  for  a  disability  that  Existed
Prior to Service (EPTS).  She served one (1) year, two (2) months  and
one (1) day on active duty and received an RE code of “2Q”  “Personnel
medically retired or discharged”.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The applicant did  not
report her  history  of  recurrent  loss  of  consciousness  requiring
hospitalization on one occasion  because  of  features  suggestive  of
seizure (prolonged post event lethargy) during her enlistment  medical
examination.  While on active duty she  experienced  two  episodes  of
loss of consciousness in a period of approximately 6  months,  one  of
which had clinical features of seizure.  Thorough evaluation failed to
identify the specific cause for her episodes  or  even  whether  these
episodes represented seizure or not.

Recurrent  loss   of   consciousness   regardless   of   etiology   is
disqualifying for enlistment, and is disqualifying for continued  duty
when it is likely to interfere with the performance of duty or pose  a
potential  risk  to  the  member.   The  applicant’s   condition   was
disqualifying for entrance into the military;  however,  she  did  not
reveal this history at the time of enlistment and once on active  duty
experienced two spells within 6 months.  The applicant’s job  involved
repair and maintenance of aircraft “egress” systems such  as  ejection
seats and required climbing on aircraft, use of ladders,  etc  on  the
flight  line.   Unpredictable  episodes  of  seizures,  like  loss  of
consciousness, even if infrequent, are not acceptable risks.

Action  and  disposition  in  this  case  are  proper  and   equitable
reflecting compliance with Air Force  directives  that  implement  the
law.

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

AFPC/DPPAE recommends denial.  The RE code of 2Q, “Personnel medically
retired or discharged” is correct.  Waivers of RE codes for enlistment
are considered and approval based  on  the  needs  of  the  respective
military service  and  recruiting  initiatives  at  the  time  of  the
enlistment inquiry.

The DPPAE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
18 July 03, for review and comment within 30 days.  As of  this  date,
this office has received no response.

_________________________________________________________________

THE BOARD RECOMMENDS 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  an  error  or  injustice  to  warrant  changing  her
reenlistment eligibility (RE) code.  Evidence has not been provided in
support of her appeal which would lead us to believe that a change  to
her RE code is warranted.  Therefore, we agree with the  opinions  and
recommendations of the BCMR  Medical  Consultant  and  the  Air  Force
office 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.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing 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 Docket  Number  BC-2003-
00762 in Executive Session on 2 September 2003, under  the  provisions
of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Mike Novel, Member
                 Mr. James A. Wolffe, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 27 Feb 03, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 15 May 03.
      Exhibit D. Letter, AFPC/DPPAE, dated 10 Jul 03.
      Exhibit E. Letter, SAF/MRBR, dated 18 Jul 03.




      MICHAEL K. GALLOGLY
      Panel Chair

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