Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2003-02027A
Original file (BC-2003-02027A .doc) Auto-classification: Approved

ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02027

                 COUNSEL:  NONE

                 HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests  his  record  be
changed to show he is fit for duty and returned to active  duty  retroactive
to his date of separation.  In addition, he be  cross-trained  into  another
career field.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date  (TAFMSD)  is  27
June 1990.  He was progressively promoted to the grade of staff sergeant (E-
5), with an effective  date  and  date  of  rank  of  1  August  1996.   The
applicant was evaluated through the military  Disability  Evaluation  System
(DES) in 2001 and all reviewing Physical Evaluation Boards (PEBs) found  the
applicant’s asthma unfitting  for  continued  military  service.   Based  on
these findings, the PEBs recommend he  be  discharged  with  severance  pay,
with a ten percent disability rating.  Following the Secretary  of  the  Air
Force  Personnel  Council’s  (SAFPC)  review  of  the  applicant’s  rebuttal
comments, the evidence and testimony presented to the PEBs,  they  concurred
with  the  recommendation  of  the  PEBs  and  directed  the  applicant   be
discharged with severance pay, with a ten percent  disability  rating.   The
applicant was disability discharged in the grade of E-5 with  severance  pay
on 14 August 2001, due to the findings of mild  intermittent  to  persistent
asthma, after 11 years, 1 month and 17 days on active duty.

A similar appeal was considered and denied by the Board on 8 June  2004.   A
summary of the evidence considered by the Board and the  rationale  for  its
decision is set forth in the Record of Proceedings,  which  is  attached  at
Exhibit K.

The applicant submitted  a  request  for  reconsideration,  contending  that
people do not have asthma one day and it is gone the  next.   He  never  had
asthma and is fit for  duty.   He  has  provided  the  following  additional
information,  which   includes   his   latest   Pulmonary   Function   test,
Methacholine challenge administered at Audi Murphy Veterans Hospital  and  a
current physical performed by MEPS in San  Antonio,  TX.   These  tests  are
provided to refute the diagnosis of asthma made by the original  PEB,  FPEB,
SAFPC and the AFBCMR.  The newly  presented  information  clearly  indicates
that  the  original  tests  were  incorrect.    The   applicant’s   complete
submission, with attachments, is at Exhibit L.

Information extracted from applicant’s rebuttal submission  reveals  he  was
found medically qualified for enlistment in the Air Force Reserve by the  HQ
Air Force Reserve Command Surgeon on  8  February  2005,  with  an  approved
waiver.  He enlisted in  the  Air  Force  Reserve  in  the  grade  of  staff
sergeant (E-5) on 17 February 2005 for a period of six  years.   Information
extracted from the Military  Personnel  Data  System  (MilPDS)  reveals  the
applicant was promoted to the Reserve grade  of  technical  sergeant  (E-6),
with an effective date and date of rank of 1 July 2005.
_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant  is  of  the  opinion  that  no  change  in  the
applicant’s record is warranted.  The BCMR Medical  Consultant  states  that
the    applicant’s    recent    negative    exercise    and     methacholine
bronchoprovocation  tests  do  not  overcome  his  history  of  intermittent
asthma/reactive airways disease demonstrated while in service.  Evidence  of
the record  clearly  establishes  the  presence  of  unfitting  intermittent
asthma while in service and his recent normal testing does  not  show  there
was an error.  The fact that he is  doing  well  now  does  not  change  his
history of intermittent  asthma/reactive  airways  disease.   A  history  of
asthma  or  reactive  airways  disease,  even  if  presently  inactive,   is
disqualifying for reentry.  The applicant’s history of asthma  (or  reactive
airways disease) predicts he is at an increased risk for recurrent  problems
when exposed to the operational environments and if on  active  duty,  would
require assignment limitations  inconsistent  with  the  needs  of  the  Air
Force.  Details of his evaluation are at Exhibit M.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Having been  provided  the  advisory  opinion,  the  applicant  submitted  a
personal statement for the Board’s review in which he states the  additional
information submitted contained documents clearing him to  enlist  into  the
Air Force Reserve by an Air  Force  flight  doctor  and  by  the  Air  Force
Reserve Surgeon General.  His ability to enlist into the Reserve  was  based
on the medical documents he has recently provided to the Board.  If  he  was
not fit for  duty,  the  Air  Force  Reserve  would  not  have  cleared  him
medically for continued service  in  the  Air  Force.   He  has  proven  the
Medical Consultant’s diagnosis is wrong and passed  them  without  incident.
The six medical specialists that he has seen, all state he never had  asthma
and that it was  probably  an  allergic  reaction  to  something.   All  the
medical personnel  he  has  seen  have  said  that  “asthma  is  like  being
pregnant, either you are or you are not.”  Asthma does not come and go.   He
has taken every test available and  provided  the  Board  with  the  results
which have indicated  normal,  or  negative  for  asthma.   The  applicant’s
complete response, with attachments, is at Exhibit O.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  After again reviewing this application  and  the  evidence  provided  in
support of the appeal, we are of the opinion that some relief is  warranted.
 In this respect, we note the applicant was recently approved  as  medically
qualified for enlistment in the Air Force Reserve, with a waiver.   Although
the applicant is currently in the Air Force  Reserve,  it  should  be  noted
that the standards for service in the Regular Air Force differ from the  Air
Force Reserve.  In addition, it is  clear  the  applicant  was  experiencing
some  medical  problems  during  the  period  2000  to  2001  preceding  his
separation.  No evidence has been provided showing the  information  in  his
medical records is in error or that  his  treatment  was  based  on  factors
other than his symptoms at that time and accepted medical  principles.   We,
therefore, believe his separation because of medical problems  in  2001  was
appropriate at that time.  Nevertheless, in view  of  the  applicant’s  most
recent  submission  and  the  conflicting   medical   information,   it   is
questionable as to whether the applicant may  have  been  misdiagnosed.   In
view of the above, we believe  the  most  equitable  solution  would  be  to
approve a waiverable Reenlistment Eligibility (RE) code, which  would  allow
whatever branch of service the applicant applies to make  the  determination
concerning his current medical condition.  In  view  of  the  foregoing,  we
recommend the applicant’s records  be  corrected  to  the  extent  indicated
below.

2.  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.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that, at the time of his discharge  on  14
August 2001, he was issued a Reenlistment Eligibility (RE) code of “3K.”
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 10 August 2005, under the provisions of AFI 36-2603:

                  Mr. Michael J. Novel, Panel Chair
                  Ms. Patricia R. Collins, Member
              Ms. Jan Mulligan, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered in connection with AFBCMR Docket  Number
BC-2003-02027.

      Exhibit K.  Record of Proceedings, dated 30 Jun 04,
                with Exhibits.
      Exhibit L.  Applicant’s Letters, dated 8 Nov 04, with
                Attachments, and 18 Feb 05, with Attachments.
    Exhibit M.  Letter, BCMR Medical Consultant, dated 13 Apr 05.
    Exhibit N.  Letter, AFBCMR, dated 20 Apr 05.
      Exhibit O.  Applicant’s Letter, dated 5 May 05, with
                Attachments.




                                   MICHAEL J. NOVEL
                                   Panel Chair



AFBCMR BC-2003-02027




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, at the time of his
discharge on 14 August 2001, he was issued a Reenlistment Eligibility (RE)
code of “3K.”




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2005 | BC-2003-02027-2

    Original file (BC-2003-02027-2.doc) Auto-classification: Approved

    The applicant’s complete submission, with attachments, is at Exhibit L. Information extracted from applicant’s rebuttal submission reveals he was found medically qualified for enlistment in the Air Force Reserve by the HQ Air Force Reserve Command Surgeon on 8 February 2005, with an approved waiver. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant is of the opinion that no change in the applicant’s record is warranted. ...

  • AF | BCMR | CY2004 | BC-2003-02027

    Original file (BC-2003-02027.DOC) Auto-classification: Denied

    The BCMR Medical Consultant states that, although the applicant’s asthma may be mild, it has resulted in duty limitations that are not compatible with a fully fit and vital force and poses requirements that the Physical Evaluation Boards and Air Force Personnel Council previously determined to be unreasonable. The Secretary of the Air Force Personnel Council (SAFPC) reviewed the evidence and testimony presented by the FPEB and IPEB, including service medical record and the medical summary...

  • AF | BCMR | CY2006 | BC-2005-01947

    Original file (BC-2005-01947.DOC) Auto-classification: Denied

    ________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPPD recommends the application be denied, and states, in part the applicant was processed through the Disability Evaluation System (DES) and was found unfit for continued military service based on asthma which existed prior to service. The applicant contends the determination that her asthma existed prior to her service was solely based on the single sentence in the MEB that she reported using an...

  • AF | BCMR | CY2003 | BC-2002-02345

    Original file (BC-2002-02345.DOC) Auto-classification: Denied

    The PEB recommended that he be discharged. On 31 Jul 01, the IPEB found him unfit for further military service based on a diagnosis of asthma and recommended that he be discharged with severance pay, with a compensable rating of 10%. He was diagnosed with asthma based on a clinical history consistent with the disease and positive methacholine bronchoprovocation testing.

  • AF | BCMR | CY2007 | BC-2006-02666

    Original file (BC-2006-02666.doc) Auto-classification: Denied

    The applicant's complete submission, with attachments, is at Exhibit A. BCMR Medical Consultant’s Note: The Methacholine Challenge Test is a method of diagnosing asthma, especially in adults where their medical history of asthma is uncertain and routine pulmonary function tests are normal. The Methacholine Challenge Test is considered accurate, but has certain limitations and should not be relied on for a diagnosis in a patient with symptoms strongly suggesting asthma and/or...

  • AF | BCMR | CY2003 | BC-2003-01107

    Original file (BC-2003-01107.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 03-01107 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: The Narrative Reason for Separation on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed so she may enlist in another service. ________________________________________________________________ AIR FORCE...

  • AF | BCMR | CY2006 | BC-2006-01757

    Original file (BC-2006-01757.doc) Auto-classification: Denied

    The IPEB reviewed his case and found the member fit and recommended, "Return to Duty." BCMR Medical Consultant's complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reviewed the Air Force evaluations and stated he sought a second opinion by pulmonologist in December 2005 and was diagnosed with asthma after having below normal pulmonary function tests. In this respect, the Board notes...

  • AF | BCMR | CY2005 | BC-2006-01757

    Original file (BC-2006-01757.doc) Auto-classification: Denied

    The IPEB reviewed his case and found the member fit and recommended, "Return to Duty." BCMR Medical Consultant's complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reviewed the Air Force evaluations and stated he sought a second opinion by pulmonologist in December 2005 and was diagnosed with asthma after having below normal pulmonary function tests. In this respect, the Board notes...

  • AF | BCMR | CY2008 | BC-2003-02027

    Original file (BC-2003-02027.doc) Auto-classification: Denied

    The complete Medical Consultant's evaluation is at Exhibit R. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant believes he proves that he was returned to active duty on an AGR tour, he also included proof that he reenlisted and joined the Air Force (without a waiver) under a prior service program on 5 April 2006. He is still in the Air Force on full active duty. ...

  • AF | BCMR | CY2005 | BC-2005-00595

    Original file (BC-2005-00595.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00595 INDEX CODE: 111.00, 131.00 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 21 Aug 06 _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. _________________________________________________________________ APPLICANT CONTENDS THAT: His reactive airways disease is a direct...