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AF | BCMR | CY2004 | BC-2004-00291
Original file (BC-2004-00291.doc) Auto-classification: Denied

                            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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