RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  BC-2004-01724
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXXXXXXXX        COUNSEL: NONE

      XXXXXXXXXXXXXX              HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  1 December 2005


_______________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code and reason for separation be  changed
to allow him to return to military service.

_______________________________________________________________

APPLICANT CONTENDS THAT:

His medical condition is now controlled without side effects and he and  his
civilian doctor feel he is fit for military service.

The applicant does not provide any evidence  to  support  his  appeal.   The
applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 24 September 2002, the applicant enlisted in the  Regular  Air  Force  at
the age of 18 in the grade of airman basic (E-1) for a period of six  years.


After completing basic military training, the applicant entered training  as
a security  forces  helper.   During  his  training,  he  was  referred  for
evaluation of a hand tremor that interfered  with  his  ability  to  fire  a
pistol to qualify  and  meet  training  requirements.   During  his  initial
evaluation, the applicant stated that he had a history of hand  tremors  for
five  to  seven  years,  worse  with  anxiety,  which  had  interfered  with
handwriting.  On 3  February  2003,  the  staff  neurologist  diagnosed  the
applicant with probable essential tremor and noted  that  if  his  condition
interfered with  his  military  duty,  it  disqualified  the  applicant  for
continued military service.  On 27  February  2003,  Student  Administration
recommended the applicant be reclassified into another  career  field.   His
commander approved the recommendation for reclassification  on  28  February
2003.  On 10 March 2003,  the  applicant  requested  he  be  separated  from
active  duty  effective  28 March  2003  citing   a   defective   enlistment
agreement.   On  20 March  2003,  the  discharge  authority   approved   the
applicant’s request.

The applicant was honorably  discharged  effective  28  March  2003  with  a
separation code KDS (defective enlistment agreement) and a reentry  code  of
2C (involuntarily separated with an honorable discharge).  He had  served  7
months and 11 days on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant  is  of  the  opinion  that  no  change  in  the
applicant’s records is warranted.  The BCMR Medical  Consultant  states  the
applicant’s condition is a chronic condition that can  be  progressive,  has
already been shown to interfere with military duty,  and  now  requires  the
use  of  medication.   The  risk  for  progression  of  his  condition   and
previously demonstrated interference with duty makes the  applicant  a  poor
risk for accession despite his high motivation to serve.   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
C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states, the very next  day  after  disqualifying  on  the  9mm
pistol due to his tremors, he tested again and qualified with a  respectable
score.  He was initially offered the opportunity  to  be  reclassified  into
another career filed; however, he turned the offer down  because  he  wanted
to be a policeman.  If he weren’t going to be able to be a policeman in  the
military, he  would  try  his  luck  in  the  civilian  sector.   Since  his
discharge, he has successfully completed an  Associate  Degree  in  Criminal
Justice/Police with a 3.8 grade point average.  He has been  employed  as  a
Security Guard with no problems relating to his  condition.   His  placement
on medication has caused the  tremors  to  significantly  subside.   He  has
consulted with his personal doctor and two neurologists  from  the  National
Tremor Foundation, all whom state that he is fully capable of  a  future  in
Law Enforcement.  He has also since taken the  Navy  firearms  qualification
course and has qualified on  both  the  Glock  9mm  and  M-4  Carbine.   The
applicant’s rebuttal, with attachment, is at Exhibit E.

________________________________________________________________

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 probable error or injustice concerning the applicant’s RE  Code
and reason  for  separation.   The  applicant  did  not  provide  persuasive
evidence showing the information in the discharge case file  was  erroneous,
his substantial rights were violated, or that his  commanders  abused  their
discretionary authority.  The evidence of  record  indicates  the  applicant
was disqualified for assignment as a military  policeman  due  to  his  pre-
existing  medical  condition.   Following  his   commanders   approval   for
reclassification, the applicant voluntarily signed a statement on  10  March
2003 requesting separation from the Air Force due to a defective  enlistment
agreement.   We  note  that  AFI  48-123,  paragraph  A3.19.5.8   states   a
condition,  like  the  applicant’s,  is  disqualifying  for  entrance   into
military service.   In view of this, the Board agrees with the  opinion  and
recommendation of the Air Force office of primary responsibility and  adopts
their rationale as the basis for their conclusion  that  the  applicant  has
not been the victim of an error or injustice.  The RE code  and  reason  for
separation which were issued at  the  time  of  the  applicant’s  separation
accurately reflect the circumstances of his separation, and we do  not  find
these to be in error or unjust.  Therefore, the Board  finds  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 probable 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 14 June 2005, under the provisions of AFI 36-2603:

            Mr. Michael J. Novel, Panel Chair
            Ms. Patricia R. Collins, Member
            Mr. Vance Lineberger, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2004-01724
was considered:

    Exhibit A.  DD Form 149, dated 26 May 04.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dtd 5 Apr 05.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Apr 05.
    Exhibit E.  Applicant’s Rebuttal, dtd 14 Jul 03, w/atch.




                                  MICHAEL J. NOVEL
                                  Panel Chair