Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-02952
Original file (BC-2003-02952.doc) Auto-classification: Approved

                       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

Similar Decisions

  • ARMY | BCMR | CY2005 | 20050000712C070206

    Original file (20050000712C070206.doc) Auto-classification: Denied

    The applicant stated her CFS limited her more than 60 percent of the time. Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent. In her rebuttal to the formal PEB's findings, the applicant stated her chronic fatigue syndrome limited her more than 60 percent of the time.

  • AF | BCMR | CY2004 | BC-2003-02212

    Original file (BC-2003-02212.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02212 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His uncharacterized entry-level separation be changed to honorable and the narrative reason changed from “Fraudulent Entry Into Military Service.” _________________________________________________________________ APPLICANT CONTENDS THAT: He was...

  • AF | PDBR | CY2014 | PD-2014-02124

    Original file (PD-2014-02124.rtf) Auto-classification: Approved

    The MEB also identified and forwarded four additional conditions, “Post-concussive headaches (controlled with medication, not unfitting for military duty); Thrombocytopenia (acute; not unfitting for military duty); Recurrent epistaxis (EPTS) and Recurrent major depression (EPTS; not unfitting for military duty).” The PEB adjudicated “neurocardiogenic syncope” as unfitting, rated 10% with likely application of the VA Schedule for Rating Disabilities (VASRD). BOARD FINDINGS : IAW DoDI...

  • AF | BCMR | CY2004 | BC-2003-02885

    Original file (BC-2003-02885.doc) Auto-classification: Denied

    He states he had never been on medication for migraines prior to his activation. The advisory statement that “…he reported no history of headaches prior to September 11, 2001, however, medical documentation indicates he experienced headaches associated with a neck condition in 2000 that prevented him from completing a period of active duty. Applicant’s complete response, with attachments, is at Exhibit G. _________________________________________________________________ THE BOARD CONCLUDES...

  • USMC | DRB | 2005_Marine | MD0501453

    Original file (MD0501453.rtf) Auto-classification: Denied

    I just want a fair discharge based on evidence in my medical records and the notes of the doctors and neurologists at MEPS who reviewed all of my medical records and examined me. I was supposed to have received an Admin Separation based on notes in my medical records. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

  • AF | BCMR | CY2004 | BC-2002-02843

    Original file (BC-2002-02843.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02843 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect that he suffers from clinical depression, and, that the cause of the depression comes from the ringing in his ears and migraine headaches. ...

  • AF | BCMR | CY2012 | BC-2012-04719

    Original file (BC-2012-04719.txt) Auto-classification: Denied

    At the time of the FA, he suffered from multiple serious medical conditions which warranted exemption from the full FA; however, he was required to take the AC portion. On 22 Nov 10, the applicant’s Wing Medical Group issued a memorandum, Clarification of AC Exemption Recommendation for FA, establishing the Exercise Physiologist working with the Senior Profile Officer as the only authorities who could recommend to commanders medical exemptions from components of an FA for a member with Duty...

  • ARMY | BCMR | CY2004 | 20040000512C070208

    Original file (20040000512C070208.doc) Auto-classification: Denied

    The applicant states that his migraines should have been rated. On 23 January 2002, after reevaluating all available medical records and sworn testimony by the applicant, a formal PEB found the applicant to be unfit for duty for the same conditions as the informal PEB found; also found several other diagnoses, to include his migraines, to be not unfitting and not rated; and also recommended he be separated with severance pay with a 20 percent disability rating. The VA Schedule for Rating...

  • AF | PDBR | CY2009 | PD2009-00182

    Original file (PD2009-00182.docx) Auto-classification: Approved

    The Informal PEB (IPEB) determined he was unfit for continued military service and he was then separated with a 10% disability for 5242 Chronic Neck Pain Secondary to Degenerative Joint Disease associated with Vagal Response Syncopal Episodes, Right Upper Extremity Paresthesias, Migraine Headaches, and Mood Disorder using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force and Department of Defense regulations. Therefore, the IPEB rates the condition that...

  • NAVY | DRB | 2005_Navy | ND0501165

    Original file (ND0501165.rtf) Auto-classification: Denied

    ND05-01165 Applicant’s Request The application for discharge review was received on 20050706. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). On DD Form 2807, Question 12c, the Applicant denied having “Recurrent back pain or any back problem.” While on active duty, the Applicant encountered significant back pain that was ultimately diagnosed by Navy medical professionals as Spina Bifida Occulta.