RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01947
INDEX CODE: 100.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 14 December 2006
________________________________________________________________
APPLICANT REQUESTS THAT:
The narrative reason for her separation be changed to “Disability - Did not
exist prior to service,” and she receive severance pay.
________________________________________________________________
APPLICANT CONTENDS THAT:
There was insufficient evidence to prove her asthma existed prior to
service. However, due to a dictation error, an incorrect entry was placed
in her medical records that indicated she used an inhaler as a child,
rather than that she does not recall using an inhaler as a child.
The Department of Veterans Affairs (DVA) has denied her service-connected
disability compensation for asthma based on normal pulmonary function
testing results and a chest x-ray which revealed no lung damage consistent
with that of an asthmatic person. More than likely, evidence of asthma did
not set in until after the birth of her son due to hormonal changes and or
being chemically induced because she has never had problems with exercise.
In support of the appeal, applicant submits her personal statement and
extracts from her medical records.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted her initial enlistment in the Regular Air Force on 24
September 1997. On 15 March 2002, she reenlisted for a period of four
years.
Based on a pulmonary function test (PFT) result indicating she had asthma,
she was referred to a Medical Evaluation Board (MEB). The MEB recommended
she be referred to an Informal Physical Evaluation Board (IPEB). On 27
January 2004, the IPEB recommended she be discharged based on the diagnosis
of asthma associated with seasonal allergies, rated at 10 percent, which
existed prior to service (EPTS). She did not concur with the IPEB findings
and recommendation, contending that she either be returned to duty or
receive a service-connection, and requested a formal hearing. On 20 April
2004, a Formal PEB (FPEB) sustained the findings of the IPEB and
recommended she be discharged. She appealed the FPEB’s decision to the
Secretary of the Air Force Personnel Council (SAFPC) and submitted rebuttal
comments. On 10 June 2004, the SAFPC concluded her allergic asthma was an
evolutionary manifestation, or expected natural progression, of her pre-
existing underlying systemic allergic disorder, and announced the Secretary
of the Air Force’s decision to direct her discharge.
On 2 August 2004, she was honorably discharged under the provisions of AFR
36-3208 (Disability - Existed Prior to Service, PEB - No Severance Pay).
She completed 6 years 10 months, and 9 days of active service.
On 1 June 2005, the DVA denied service-connected disability compensation
for hypertension and asthma by history, because the conditions were not
related to her military service.
________________________________________________________________
AIR FORCE EVALUATIONS:
AFPC/DPPD recommends the application be denied, and states, in part the
applicant was processed through the Disability Evaluation System (DES) and
was found unfit for continued military service based on asthma which
existed prior to service. This determination was made based on medical
evaluation of the applicant and may not be consistent with the DVA
findings.
The AFPC/DPPD evaluation is at Exhibit C.
The BCMR Medical Consultant is of the opinion that no change in the records
is warranted. The BCMR Medical Consultant states, in part, that military
standards for continued military duty indicate that asthma, recurrent
bronchospasm, or reactive airway disease, unless due to well defined
avoidable precipitant cause, are disqualifying for worldwide duty. The
medical standards are broader than a defined diagnosis of asthma and
include reactive airways that may not meet the strict criteria for the
clinical diagnosis of asthma. Air Force policy with regard to these
conditions is reinforced by past experience with the high numbers of
medical casualties due to asthma and reactive airway disease, particularly
in members deployed to overseas locations. In the applicant’s case, her
history of asthma symptoms and allergies, her family history of asthma, and
abnormal bronchoprovocation testing, are consistent with her diagnosis of
asthma. Normal pulmonary function testing does not exclude a diagnosis of
asthma or reactive airway disease, since individuals with these conditions
will have normal pulmonary function tests in between episodes. In fact,
reversibility is a hallmark of these conditions. Although she may have
only mild asthma or may not even currently meet the strict definition for a
definitive diagnosis, the history of symptoms and bronchoprovocation
testing results consistent with mild asthma or reactive airway disease, are
considered disqualifying for worldwide duty. Her medical history indicates
she is at risk for unpredictable recurrent problems when subjected to the
rigors of military operational environments. The applicant contends the
determination that her asthma existed prior to her service was solely based
on the single sentence in the MEB that she reported using an inhaler as a
child. However, she completed a 19 September 2003 questionnaire, in which
she clearly reported symptoms consistent with mild asthma since age 10.
This is consistent with the PEB’s determination that her respiratory
conditions associated with her history of significant allergies existed
prior to service. Further, the post-service medical documentation is
consistent with the PEB’s conclusion that her condition was not permanently
aggravated by her military service.
The BCMR Medical Consultant’s evaluation is at Exhibit F.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Complete copies of the evaluations were forwarded to the applicant on 15
July 2005 and 13 July 2006, for review and comment, within 30 days.
However, 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. The BCMR Medical Consultant has
thoroughly reviewed the evidence of record and provided extensive comments
regarding the medical issues of this case, in which he ultimately opines
that no change in the records is warranted. In deference to the comments
of the BCMR Medical Consultant, which appear to be supported by the
evidence of record, and since the applicant has not provided sufficient
evidence to refute that her respiratory conditions associated with her
history of significant allergies existed prior to service, we find no
compelling basis to recommend favorable consideration of her request.
________________________________________________________________
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 Docket Number BC-2005-01947
in Executive Session on 22 August 2006, under the provisions of AFI 36-
2603:
Mr. Robert H. Altman, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Jun 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memo, AFPC/DPPD, dated 28 Jun 05.
Exhibit D. Letter, SAF/MRBR, dated 15 Jul 05.
Exhibit E. Letter, C/M Skelton, dated 31 Oct 05, w/atchs.
Exhibit F. Memo, BCMR Medical Consultant, dated 10 Jul 06.
Exhibit G. Letter, AFBCMR, dated 13 Jul 06.
ROBERT H. ALTMAN
Panel Chair
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