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AF | BCMR | CY2005 | BC-2004-01852
Original file (BC-2004-01852.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01852
                       INDEX CODE:  110.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  13 DEC 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code “4C” be changed to allow him to
reenlist in the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His medical condition was misdiagnosed and  he  has  been  cleared  by
civilian doctors.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  enlisted  in  the  Regular  Air   Force   (RegAF)   on
25 September 2001, as an airman basic (AB) for a period of six years.

During Basic Military Training (BMT) the applicant  presented  to  the
medical clinic with complaints of shortness of breath and wheezing.

On 9 November 2001, the applicant was seen in the medical clinic for a
determination of asthma.  The applicant was diagnosed with Vocal  Cord
Dysfunction and  a  recommendation  for  him  to  be  administratively
separated.  During this  medical  visit  the  applicant  informed  the
medical providers that he was informed as child that he had asthma and
was prescribed inhalers.  The applicant  further  stated  he  did  not
inform the personnel at the  Military  Enlistment  Processing  Station
(MEPS) of his medical history.

A 25 October 2001 memorandum  from  the  Behavioral  Analysis  Service
(BAS) indicated the applicant underwent a Mental Health Evaluation  by
the BAS which diagnosed him with Adjustment  Disorder  with  depressed
mood.   During  the  evaluation  the  applicant  stated  the  training
reminded him of a past hospitalization  as  a  child  for  depression.
However, they recommended the applicant be returned to training.

On 29 October 2001, the applicant underwent a Mental Health Evaluation
and was diagnosed with Adjustment Disorder with depressed  mood.   The
applicant stated during the evaluation that he could  not  handle  the
rigors of BMT and wanted to  be  discharged.   The  applicant  further
stated he did not report his medical history to the recruiter  because
he needed a job.  The evaluation further stated given the  applicant’s
symptoms, his past history of clinical depression and  treatment  with
anti-depressant medication, his psychiatric  hospitalization  and  his
threatening suicide at age 11, it seemed  it  would  be  in  the  best
interest of all concerned to  separate  the  applicant  from  the  Air
Force.

On 15 November 2001, his  commander  referred  him  for  an  emergency
Mental Health  Evaluation  because  he  reported  he  wanted  to  kill
himself.

On 20 November 2001, the applicant was  notified  of  his  commander’s
intent to recommend him for an entry-level  separation  for  erroneous
enlistment for the following reason:

            A medical narrative summary dated, 9 November 2001,  found
the  applicant  did  not  meet  the  minimum  medical  standards   for
enlistment.  Applicant should not have been allowed to  join  the  Air
Force because of vocal cord dysfunction.

The commander advised the applicant of his right  to  consult  legal
counsel, and if he so desired an  appointment  would  be  made  upon
request, and to submit statements in his own behalf.  He was advised
that failure to consult with  counsel  or  submit  statements  could
constitute his waiver of his rights to do so.

On 20 November 2001, the  applicant  waived  his  right  to  consult
counsel and to submit a statement.  He also acknowledged if  he  was
discharged he would not be eligible for a disability  retirement  or
severance pay.

On 20 November 2001, the discharge authority approved the  applicant
be discharged with an entry-level separation.

The  applicant  was  separated  with  an  uncharacterized  entry-level
separation on 21 November 2001 under the provisions of AFI 36-
3208, Failed Medical/Physical Procurement Standards, in the  grade  of
airman basic and issued an RE code of “4C,” Separated for  concealment
of juvenile records, minority, failure to meet physical standards  for
enlistment, failure to attain a 9.0 reading grade level a measured  by
the Air Force Reading Abilities Test  (AFRAT),  or  void  enlistments,
under this condition the applicant is ineligible to  reenlist  in  the
Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

The   Medical   Consultant,   AFBCMR,   states   the   applicant   was
administratively  discharged  due  to  a  disqualifying   vocal   cord
dysfunction  which  existed  prior  to  service.   He   also   had   a
disqualifying pre-service history of depression  requiring  medication
and hospitalization and  was  further  diagnosed  with  an  Adjustment
Disorder with depressed mood.  The medical  providers  determined  the
applicant’s Adjustment Disorder was so  severe  that  they  found  him
unsuitable for military service.  The Medical Consultant  also  states
the fact that the applicant may be asymptomatic at this time from  his
vocal cord  dysfunction  and  Adjustment  Disorder  does  not  predict
whether or not he will  respond  well  to  the  stresses  of  military
training, operations, deployment, or combat when he is separated  from
his  supportive  environment.   The  manifestations  of   vocal   cord
dysfunction  and  Adjustment  Disorder  are  not  evident   when   the
individual is not under stress.  The applicant’s  past  experience  is
predictive  of  an  increased  risk  for  recurrence  of  debilitating
symptoms if he is re-exposed to the rigors of  military  training  and
service.  The Medical Consultant further states the reenlistment  code
the applicant received was appropriately applied  in  this  case.   He
recommends the requested relief be denied.

A copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5
July 2005, for review and response.  As of this date, no response  has
been received by this office.

_________________________________________________________________

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 of timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  an  error  or   an   injustice.    After   careful
consideration of the circumstances  of  this  case  and  the  evidence
provided by the applicant, we are not persuaded the  discharge  action
and the resulting reenlistment code  he  received  were  in  error  or
unjust.  Applicant’s contentions are duly  noted;  however,  we  agree
with the opinion and recommendation  of  the  Medical  Consultant  and
adopt his rationale as the basis for our conclusion that the applicant
has not been the victim of an error or an  injustice.   Shortly  after
entering Basic Military Training, the applicant was diagnosed  with  a
medical condition, Vocal Cord  Dysfunction,  which  existed  prior  to
entering military service.  Additionally, he  was  diagnosed  with  an
Adjustment  Disorder  with  depressed  mood   and   was   hospitalized
apparently because he threatened suicide.   It  was  determined  these
conditions  were  disqualifying  for  military  service  and  it   was
recommended he be administratively separated due to unsuitability.  As
noted by the Medical Consultant, the applicant’s medical condition  is
caused by an  abnormal  reaction  to  stress  including  exercise  and
psychological stress.  Applicant’s contention that he has been cleared
by his civilian physician is noted; however, as noted by  the  Medical
Consultant, his past experience is predictive of an increased risk for
recurrence of debilitating symptoms if re-exposed  to  the  rigors  of
military service.  In other words, the recurrent nature of his medical
conditions when under stress make them incompatible with the  physical
demands of active military service.  Therefore, in view of  the  above
and 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 AFBCMR Docket Number BC-
2004-01852 in Executive Session on 17 August 2005 under the provisions
of AFI 36-2603:

                       Mr. Joseph G. Diamond, Panel Chair
                       Mr. Wallace F. Beard, Jr., Member
                       Ms. LeLoy W. Cottrell, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2005-01852 was considered:

      Exhibit A. DD Form 149, dated 28 May 04.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFBCMR Medical Consultant, dated
                       27 Jun 05.
      Exhibit D. Letter, SAF/MRBR, dated 5 Jul 05.




                             JOSEPH G. DIAMOND
                             Panel Chair

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