RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02952
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be upgraded to one that would
enable him to enlist into the US Army.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had joined the Air Force to work in pararescue. After a few days
of basic training, he was standing at attention one day when his knees
locked up, he passed out, and cut the back of his head. He contends
he passed out because he had not been eating properly. He wanted to
be the first in everything so when time came to eat, he would eat a
little bit and then run outside to get in line to be first for the
next event. He was sent to the doctor after passing out where he was
examined and sent back to his flight. He complained that his head was
killing him and he was sent back to the doctor where he was told he
suffered from migraine headaches and could not continue his pararescue
training. He stated, if he could not be pararescue, he would rather
get out of the AF and join another service. He contends the doctor he
was seeing assured him he would write him a letter to help him get
into another service.
He contends he has never had migraine problems in the past and has not
had them since his discharge. He has seen numerous doctors and spent
a lot of money trying to prove this so he could get into the US Army.
He states he is in the best condition of his life and has pushed
himself hard to get himself ready for the Army, even Ranger school.
Ever since he was little he has wanted to follow in the footsteps of
his father (US Army) and grandfather (USAF) and join the military. He
states he loved every minute of his AF experience and would do
anything to get back in the military. He even told his recruiter he
would do it for free.
He has learned from the mistakes of his past and realizes how
important it is to take care of himself and still give it his all. He
repeats his contention that he does not experience migraines and
contends the AF doctor who treated him was mad because he told the
doctor he didn’t know what the doctor was talking about during the
exam. He states the doctor’s comments
he has included in his application are from some of the best doctor’s
in Pennsylvania (PA). He does not understand what the AF doctor’s did
but he is fine. He will do whatever it takes to get in the Army and
he will not quit.
In support of his appeal, the applicant has provided a personal
statement and copies of statements of health from several doctors as
well as a copy of his DD Form 149, Certificate of Release or Discharge
from Active Duty.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered the AF on 24 November 1998. On 27 November 1998, he
passed out, fell, and suffered a laceration to the back of his head
that required stitches. He was released from the emergency room and
returned to his flight where he continued to complain of light-
headedness. He was admitted to the hospital for observation and
released the next day. He experienced near syncope (passing out)
symptoms while shaving and was readmitted. During the
hospitalization, he reported to his physicians a history of chronic
headaches and episodes of syncope and near syncope for approximately
six years. He reported that the headaches had been occurring on a
near daily basis and reported five incidents of passing out associated
with headache, prior to his enlistment. Review of his enlistment
medical documents show that he denied frequent or severe headaches and
dizziness or fainting spells. He was diagnosed with migraine
headaches and passing out: both disqualifying for military service.
On 15 December 1998, he was notified that his commander was
recommending him for discharge for defective enlistment – erroneous
enlistment. He waived his right to counsel and to submit statements
on his behalf. On 21 December 1998, he was separated in accordance
with Air Force Instruction 36-3208, with an entry-level separation and
an RE code of “4C” after 28 days of active military service.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant reviewed the entire case file and
recommends denial. The applicant was administratively discharged due
to migraine headaches and passing out that were disqualifying for
military service. Medical records indicate the applicant reported a
significant history of headaches and passing out prior to service that
would have prevented entry had he reported them during his enlistment
medical examination. He now contends Air Force doctors made this up
and provides copies of three neurology evaluations since his discharge
that support his contention that he is medically qualified for
service.
Despite the more recent neurology reports, and his contention that he
did not have problems before service, he manifested disqualifying
syncope associated with headache beginning on day three of basic
training and was appropriately separated. 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 complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant, in response to the BCMR Medical Consultant’s advisory,
states the Medical Consultant does not know him and is not aware of
the cost he has experienced to show that he is fine. He contends the
Medical Consultant has all the proof in front of him, that he is fine
and still turns him down. He plans on fighting to get in until he is
too old to be in. In his case, he states the Air Force was wrong. He
was told he could stay in the AF, but not as a PJ (pararescue). He
did not know the Air Force was going to hold him back from joining the
Army. He contends he should have stayed in the Air Force and trained
for another job and states he should be let back in as there isn’t
anything wrong with him and he has the proof.
He just wants his RE code changed so he can join the Army. He does
not understand how his life and dreams of helping his country could be
destroyed by the decision to not change his RE code. He made a
mistake and requested he be sent home but should not be punished the
rest of his life for it. He requests he be seen in person so he can
show how ready he is to go. He would take any test necessary to show
it and begs to be let back in. He contends the Board will never see
another man like himself. He has been told no four times and he is
still trying which should count for something. He states the Military
Entrance Processing Station (MEPS) in Pittsburgh said that he was good
to go. He concludes that should the Board help him that he will not
let them down.
The applicant’s complete response is at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. The Board noted that the
applicant included several post-service statements from neurologists
that appear to corroborate his contention that he does not experience
migraines, but only infrequent headaches successfully treated with
aspirin. The applicant has expressed a fervent desire to enlist into
the Army and we believe he should be given the opportunity to apply
for enlistment. Whether or not he is successful will depend on the
needs of the service and our recommendation in no way guarantees that
he will be allowed to return to any branch of the service. Therefore,
we recommend the applicant's records be corrected to the extent
indicated below.
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 RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 21 December 1998,
he was separated with an uncharacterized entry level separation under
the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority)
with a separation code of JFF and a reenlistment eligibility (RE) code
of 3K.
______________________________________________________________
The following members of the Board considered this application in
Executive Session on 30 March 2004, under the provisions of AFI 36-
2603:
Mr. Frederick R. Beaman, III, Panel Chair
Mr. Michael J. Maglio, Member
Ms. Martha J. Evans, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 20 Jan 04.
Exhibit D. Letter, SAF/MRBR, dated 6 Feb 04.
Exhibit E. Letter, Applicant, undated.
FREDERICK R. BEAMAN, III
Panel Chair
AFBCMR BC-2003-02952
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on 21 December 1998,
he was separated with an uncharacterized entry level separation under the
provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) with a
separation code of JFF and a reenlistment eligibility code of 3K.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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