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AF | BCMR | CY2004 | BC-2003-03702
Original file (BC-2003-03702.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03702
            INDEX CODE:  110.00, 112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His type of discharge (entry level separation  -  Uncharacterized)  be
reconsidered and his reenlistment  eligibility  (RE)  code  of  4C  be
changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since his discharge in 1996 he has been trying to reenlist for  either
active duty, Reserves or National Guard in any branch of service.   He
has been unsuccessful thus far.  He feels changing his discharge  code
may help him a little.  He is not ready to give up trying to get  back
into the military and any help would be greatly appreciated.   In  his
many pieces of correspondence  with  different  recruiters  and  other
officials, it is felt an entry-level separation should not  have  been
given based on a medical condition which he and no one else knew about
previously.  In support of the appeal, applicant submitted two  copies
of his DD Form 214, a copy of his vision prescription and a copy of an
NPS Applicant Summary.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 November 1996 in the
grade of airman first class for a period of four years.

On 16 December 1996, applicant’s commander notified him that  she  was
recommending discharge from the Air Force  for  erroneous  enlistment.
Her reason for this action was a medical evaluation board that met  at
Lackland AFB, TX on 10 December 1996  which  found  he  did  not  meet
minimum medical standards to join the Air Force.  It was determined he
should not have  been  allowed  to  join  the  Air  Force  because  of
keratoconus OD.

The applicant waived his option to consult counsel and  his  right  to
submit statements.  The discharge authority  approved  the  separation
action on 19 December 1996.

Applicant was administratively discharged from the  Air  Force  on  20
December 1996, under the provisions of AFPD  36-32  and  AFI  36-3208,
Chapter  5,  Section  C,  Paragraph  5.14   (Failed   Medical/Physical
Procurement   Standards),   with   an   uncharacterized    entry-level
separation.  He was assigned a reenlistment eligibility (RE)  code  of
4C (Separated for concealment of juvenile records,  minority,  failure
to meet physical standards for enlistment, failure  to  attain  a  9.0
reading grade level as measured by the  Air  Force  Reading  Abilities
Test (AFRAT), or void enlistments).  He served  one  month  and  eight
days of active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant states the diagnosis has been confirmed by
Department of Veterans Affairs since his discharge.  Corneal dystrophy
of any type, including keratoconus of any degree is disqualifying  for
entry.  Keratoconus  is  a  slowly  progressive  irregularity  of  the
cornea, usually affecting both eyes, that begins between the age of 10
and 20 and requires frequent changing of lens prescriptions.   The  13
days the applicant was on active duty were not  long  enough  to  have
developed this condition after entry.  By the time  of  diagnosis,  he
already demonstrated thinning of the cornea, a later finding, and  had
required glasses for six years.  The cause is unknown, but it  results
in progressive change in the shape of the  cornea  including  thinning
with attendant changes in visual acuity which may become uncorrectable
with lenses and require surgery.

The BCMR Medical Consultant stated that the action and disposition  in
this case are proper and  equitable  reflecting  compliance  with  Air
Force directives that implement the law.

The BCMR Medical Consultant is of the opinion that no  change  in  the
records is warranted.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he recently underwent a  corneal  transplant  in
his right eye to take care of the  Keratocopus.   His  vision  in  the
affected  eye  is  now  20/30  uncorrected  and  20/20   with   little
correction.  There is no evidence of Keratocopus in the left eye.   It
has been two months since his surgery, which occurred  on  10 February
2004.  It usually takes about 10 to 14 months to get the vision  back.
His physician assures him that he sees no reason why military  service
would hinder his progress at all.

Applicant's complete response, with attachment, is at Exhibit D.

On 10 May 2004, per telecom with applicant, he indicated he would send
medical documents.  On 18 May 2004, medical  documents  were  received
(Exhibit E).

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant states that not only is corneal  dystrophy
of any type, including keratocopus of  any  degree  disqualifying  for
entry, but so is the corrective surgery.  Department  of  Defense  and
Air  Force  medical  standards  for  entrance  into  military  service
indicate that keratorefractive surgery, laser surgery  to  reconfigure
the cornea  and  penetrating  keratoplasty  (corneal  transplant)  are
disqualifying for military service.  The BCMR Medical Consultant is of
the opinion that no change in the records is warranted.

A copy of the evaluation is attached at Exhibit F.

_______________________________________________________________

ADDITIONAL APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 June 2004, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and response within  14  days.   As  of  this
date, no response has been received by this office (Exhibit G).

_______________________________________________________________

THE BOARD CONCLUDES 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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinions and  recommendation  of  the  BCMR
Medical Consultant and adopt  his  rationale  as  the  basis  for  the
conclusion that the applicant has not been the victim of an  error  or
injustice.   In  this  respect,  we  note  that  the  applicant’s  eye
condition is disqualifying for entry into the Air  Force.   Therefore,
in the absence of evidence to the  contrary,  we  find  no  compelling
basis to recommend granting the relief sought in this application.

________________________________________________________________

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 30 September 2004, under the provisions of AFI 36-
2603:

                         Mr. Edward H. Parker, Panel Chair
                         Ms. Deborah A. Erickson, Member
                         Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 10 Nov 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 19 Mar 04.
      Exhibit D. Applicant’s Response, undated, w/atch.
      Exhibit E. Medical Documents.
      Exhibit F. Letter, BCMR Medical Consultant, dated 2 Jun 04.
      Exhibit G. Letter, AFBCMR, dated 9 Jun 04.




                             EDWARD H. PARKER
                             Panel Chair

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