RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00291
XXXXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be given an exception to policy for her medical disqualification from
service due to a history of atopic dermatitis.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
Her condition of atopic dermatitis is asymtomatic and will not limit her
ability to serve in the Air Force.
In support of her appeal, the applicant submits a personal statement,
copies of medical evaluations from four different physicians, two letters
of recommendation, and a copy of her report of medical history. The
applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a student at Baylor University. As part of her
application for an Air Force Reserve Officer Training Corps (AFROTC)
scholarship and commissioning, she completed and signed a DD Form 2492, DoD
Medical Examination Review Board Report of Medical History, on 22 January
2001. She indicated in item 59 of the application that she had a history
of atopic dermatitis. On 6 November 2001, the DoD Medical Examination
Review Board (DODMERB) notified the applicant that she was medically
disqualified for the scholarship program because of her medical history.
On 3 September 2002, the applicant requested an Exception to Policy (ETP).
On 25 July 2003, the Chief of Staff denied the applicant’s request.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends the applicant’s request be denied. SGPS states that
based on files sent with the applicant’s request and their office records,
the applicant was disqualified for an Reserve Officer Training Corps (ROTC)
scholarship on 26 November 2001. Her disqualification was sustained by
SGPS on 23 January 2002. Her case was reviewed by the Chief of Staff for
an Exception to Policy which was also denied on 25 July 2003. The
applicant has a confirmed history of atopic dermatitis, for which the
history itself is the disqualifying factor. SGPS cannot support the
applicant’s request to allow her to commission and enter the Air Force as
there is no error requiring correction. The AETC/SGPS evaluation is at
Exhibit C.
The BCMR Medical Consultant is of the opinion that no change in the
applicant’s records is warranted. The BCMR Medical Consultant states that
the applicant was disqualified in accordance with DoD policy (DoDI 6130.04)
for ROTC due to a history of atopic dermatitis, a chronic immune
inflammatory disease of the skin characterized by unpredictable flares and
remissions, often triggered by unavoidable environmental allergens and
irritants, climatic factors, and physical and psychological stress. Atopic
dermatitis is disqualifying for entry because the condition is not
compatible with military service. Mechanisms are in place to grant waivers
for individual cases when the best interest of the Air Force will be
served. The BCMR Medical Consultant states that the applicant was fully
afforded this consideration. It is the BCMR Medical Consultant’s opinion
that action and disposition in this case were proper and equitable
reflecting compliance with Air Force directives that implement the law.
The BCMR Medical Consultant’s evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant disagrees with the BCMR Medical Consultant’s evaluation. She
feels his overview of her condition is misconstrued and inaccurate. In
addition, she feels the rejection of her appeal was not based on correct
information regarding her condition. Her condition is mild, and her
allergies are mild. She does not get allergy treatments, nor does she have
allergy problems. Her rash does not affect her life in anyway. As
attested by doctors, her condition is asymptomatic and dormant. She is
aware of several people in the Air Force and ROTC that have eczema much
more severely than she does; however, they have received waivers. She is
in excellent physical condition and is willing to be examined by any Air
Force dermatologist. She requests to appear before the Board to defend her
case before her dream of serving her country as an Air Force officer is
unjustly taken away. The applicant’s rebuttal is at Exhibit F.
________________________________________________________________
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. While it is evident from the letters of
recommendation that this applicant possesses outstanding qualities, we note
that the Service Secretaries are charged with maintaining a fit and vital
force. Medical standards ensuring accession of healthy members with a low
risk for medical problems that may interfere with performance of military
duties have been developed over time based on decades of experience and are
appropriately updated. Mechanisms are in place to grant waivers for
individual cases when the best interest of the Air Force will be served.
The applicant was fully afforded this consideration; however, the Surgeon
General denied her request for a waiver. We also note that the Chief of
Staff also personally considered her request and determined that the
decision of the Surgeon General should not be changed. Based on the above
comments, we agree with the opinion and recommendation of 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 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 1 July 2004, under the provisions of AFI 36-2603:
Mr. John L. Robuck, Panel Chair
Mr. Grover L. Dunn, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2004-00291:
Exhibit A. DD Form 149, dated 27 Jan 04, with attachments.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 24 Feb 04.
Exhibit D. Letter, BCMR Medical Consultant, dtd 29 Apr 04.
Exhibit E. Letter, SAF/MRBR, dated 27 Feb 04.
Exhibit F. Applicant Rebuttal, dated 26 May 04.
JOHN L. ROBUCK
Panel Chair
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