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AF | BCMR | CY2006 | BC-2005-01766
Original file (BC-2005-01766.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2005-01766

            COUNSEL: NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE: 31 November 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to  honorable
and his reenlistment code be changed.
_________________________________________________________________

APPLICANT CONTENDS THAT:

All but for one of the reasons for his discharge  were  for  being  late  to
work. He was diagnosed with Narcolepsy and told it was beyond  his  control.
Whether he woke up on time or not, he was still  given  disciplinary  action
for being late.

In  support  of  his  application,  applicant  submits  numerous   documents
relating to his discharge.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 7 May 2003 and was  progressively
promoted to the rank of airman first class.

The applicant was referred for Medical Evaluation Board  (MEB)  with  listed
diagnosis including narcolepsy, panic disorder without agoraphobia,  alcohol
dependence with physiological dependence, early partial remission,  nicotine
dependence,  occupational  problems,  legal  problems,  and  problems   with
primary support  group.  The  psychiatry  narrative  summary  estimated  the
social and industrial adaptability impairment  as  mild  but  concluded  the
psychiatric  conditions  were  incompatible  with  military   service.   The
applicant’s flight surgeon also concluded that the  narcolepsy,  psychiatric
conditions and alcohol abuse were disqualifying  for  military  duties.   On
July 1, 2004 the Informal  Physical  Evaluation  Board  (PEB)  returned  the
applicant to duty (there is no further documentation that elaborates on  the
basis for the decision).

The  applicant  was  administratively  separated  with  a   general   (under
honorable conditions) discharge on 22 December 2004 under the provisions  of
AFI 36-3208 for misconduct after serving 1 year, 7 months  and  14  days  of
active duty service.

____________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant indicates the applicant was referred to  an  MEB
due to a diagnosis of narcolepsy and his psychiatric condition; however  the
IPEB returned him to duty. The MEB narrative clearly  stated  the  applicant
was formally diagnosed  by  a  sleep  specialist  with  narcolepsy  and  was
unresponsive to medication. The Medical Consultant opines that at  the  time
of the PEB, the evidence of record was consistent with a  finding  of  unfit
due to a condition that existed prior to service, that was  not  permanently
aggravated by service beyond the natural progression of the  condition,  and
that discharge under other than Chapter 61 was warranted  for  the  existing
prior to service narcolepsy. While the  applicant  is  responsible  for  the
consequences of his poor decision making, the preponderance of the  evidence
of the record supports a  correction  of  the  military  record.   The  BCMR
Medical Consultant is of the opinion the record should be  changed  to  show
administrative discharge under other than Chapter 61 for an  existing  prior
to service condition with an honorable character  of  service;  however  the
reenlistment code should remain a 2 code that  prohibits  reentry  into  the
service.

BCMR Medical Consultant's complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  21
June 2006 for review and comment within 30 days.   As  of  this  date,  this
office has received no response.

______________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  an  error  or  injustice  warranted.  After   reviewing   the
applicant’s military service record, we are persuaded  that  partial  relief
is appropriate.  In this respect, we are in agreement with the BCMR  Medical
Consultant that while the applicant is responsible  for  his  poor  decision
making, the preponderance of the evidence of record  supports  a  correction
of the applicant’s military record to show  he  was  discharge  under  other
than Chapter 61 with an Honorable characterization of service. However,  the
reenlistment code should remain unchanged.  Accordingly, we  recommend  that
the records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be  corrected  to  show  that  on  22  December  2004,  he  was
honorably discharged and furnished an Honorable Discharge certificate.
_________________________________________________________________

The following members of the  Board  considered  Docket  Number  BC-BC-2005-
01766 in Executive Session on 1 August 2006, under the provisions of AFI 36-
2603:

                 Mr. John B. Hennessy, Chair
                 Ms. Donna D. Jonkoff, Member
                 Mr. Elwood C. Lewis III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 May 2005, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 21 Jun 06.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jun 06.





                                             JOHN B. HENNESSY
                                             Panel Chair

AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD 20762-7002



      Your application to the Air Force Board for Correction of Military
Records, AFBCMR BC-2005-01766, has been finalized.

      The Board determined that the military records should be corrected as
set forth in the attached copy of a Memorandum for the Chief of Staff,
United States Air Force.  The office responsible for making the correction
will inform you when your records have been changed.

      After correction, the records will be reviewed to determine if you
are entitled to any monetary benefits as a result of the correction of
records.  This determination is made by the Defense Finance and Accounting
Service (DFAS-DE), Denver, Colorado, and involves the assembly and careful
checking of finance records.  It may also be necessary for the DFAS-DE to
communicate directly with you to obtain additional information to ensure
the proper settlement of your claim.  Because of the number and complexity
of claims workload, you should expect some delay.  We assure you, however,
that every effort will be made to conclude this matter at the earliest
practical date.


Sincerely




RALPH J. PRETE

Chief Examiner

Air Force Board for Correction
                                                                    of
Military Records

Attachment:
Record of Board Proceedings

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