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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