RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-00291
                                     INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXXXXX   COUNSEL:  NONE

      XXXXXXXXXXXXX    HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  15 July 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be granted a medical waiver and be allowed to re-enter the Air Force.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

She disclosed her diagnosis of eczema in 1989 when  she  first  enlisted  in
the Air Force, and served for six years.  Her current  disqualification  for
the same defect should be waived to allow her to re-enter the Air Force.

In support of her appeal, the applicant  submits  personal  statements;  and
copies of medical evaluations;  DD  Form  214,  Certificate  of  Release  or
Discharge from Active  Duty;  congressional  correspondence  concerning  her
appeal; and her military service enlistment denial letter.  The  applicant’s
complete submission, with attachments, is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty in the Regular  Air  Force  from  9  May
1989 to 13 March 1995 as an Aerospace Ground Equipment Journeyman.  She  was
progressively promoted to the rank of senior airman effective  9  May  1992.
She received four Enlisted Performance Reports  between  the  period  9  May
1989 through 2 May 1994 with promotion recommendations of 4, 5,  5,  and  5.
On 13 March 1995, she was released from active  duty  for  intradepartmental
transfer to the Air Force Reserve Non-obligated, Non-participating,  Reserve
Personnel Section, with  an  honorable  characterization  of  service.   She
served five years, ten months, and five days on active duty.  On  7  October
1999, the applicant was honorably discharged from the Air Force Reserve.

Following her physical  to  re-enter  the  military,  a  Report  of  Medical
Examination, dated 18 April 2002, reflected the applicant  was  disqualified
for enlistment into the Air Force based on her history of eczema.

_________________________________________________________________

AIR FORCE EVALUATION:

AETC/SGPS recommends the applicant’s request be denied.   SGPS  states  that
although the applicant enlisted in the Air Force  following  her  enlistment
physical on 23 February 1989, her medical defect should  have  rendered  her
disqualified for military service at the time of her examination  and  still
today.  Her condition is unpredictable in its recurrence  and  severity  and
could  flair-up  at  any  time,   any   place,   requiring   treatment,   or
hospitalization to control, and in today’s world  environment  the  military
cannot afford to take this chance.  The applicant notes she  was  granted  a
“waiver” for the defect, but in fact there was  no  waiver  granted  and  it
appears the notation was  missed  by  the  Military  Examination  Processing
Service (MEPS) medical officer, and he qualified her for  military  service.
The same disqualifying defect was again noted on her February  2002  medical
examination for enlistment. As  required,  her  case  was  sent  to  HQ  Air
Education and Training Command (AETC) Physical Standards Branch  for  review
and waiver.  Individuals who separate from the Air Force and  apply  to  re-
enter within 180 days are considered  under  “Retention”  standards.   Those
who have been out for over  180  days,  as  in  the  applicant’s  case,  are
considered under “Accession” standards.  Under this criteria and because  of
her medical diagnosis, and the unpredictability of  her  medical  condition,
she  was  certified  medically  disqualified  for  military  service.    The
AETC/SGPS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states her eczema has never been severe.   She  has  lived  in
different climates and has never had her eczema prevent her from  doing  her
job.  When she went to the recruiter to reenlist, it was not the  fact  that
she had eczema, but the  medication  that  was  prescribed  to  her  by  the
military to treat the eczema, that prevented her enlistment.   She  has  not
used this or any medication to treat her eczema for  over  two  years.   The
applicant’s rebuttal is at Exhibit D.

_________________________________________________________________

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.   While  the  applicant’s  patriotism  and
willingness to once again serve her country is  commendable,  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.
We note the applicant’s  assertion  that  she  received  a  waiver  for  her
medical condition when she entered active  duty  on  9  May  1989;  however,
according to the Air Force office of primary  responsibility,  she  did  not
receive a waiver.  Her accession to active duty  was  an  oversight  because
her medical condition was disqualifying for military duty  then,  as  it  is
now.   The  applicant  has  not   provided   evidence   to   the   contrary.
Furthermore, it is our opinion the fact an error occurred at  the  time  she
initially entered the service does not mandate a finding she should  now  be
permitted to enlist despite the service’s  knowledge  of  her  disqualifying
condition.  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.   Accordingly,  the  applicant’s
request is not favorably considered.

_________________________________________________________________

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 June 2005, under the provisions of AFI 36-2603:

            Mr. Laurence M. Groner, Panel Chair
            Mr. Terry L. Scott, Member
            Ms. Kathy L. Boockholdt, Member



The following documentary evidence for AFBCMR  Docket  Number  BC-2004-00291
was considered:

      Exhibit A.  DD Form 149, dated 3 Jan 05, with attachments.
      Exhibit B.  Letter, AETC/SGPS, dated 15 Feb 05.
      Exhibit C.  Letter, SAF/MRBR, dated 25 Feb 05.
      Exhibit D.  Applicant’s Rebuttal, dated 12 Mar 05.




                                  LAURENCE M. GRONER
                                                   Panel Chair