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AF | BCMR | CY2007 | BC 2007 03907 2
Original file (BC 2007 03907 2.txt) Auto-classification: Denied

ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03907
		INDEX CODE:  110.00
		COUNSEL:  XXXXXX
		HEARING DESIRED: NOT INDICATED

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His honorable discharge be changed to a disability discharge.

________________________________________________________________
_

STATEMENT OF FACTS:

A similar appeal was considered and denied by the Board on 
27 March 2008.  For an accounting of the facts and circumstances 
surrounding the applicant’s appeal and the rationale of the 
earlier decision by the Board, see the Record of Proceedings at 
Exhibit F.

In a letter, dated 9 January 2009, the applicant requests 
reconsideration.  He states the hypersensitivity issue as 
described in AFOSH 48-8 was never considered by the Board.  The 
evaluation fails to make the connection that any exposure injury 
to these chemicals, while performing his military duties, should 
be considered an LOD injury.  AFOSH 48-8 1.2.4 requires that 
once workers suspect that material in the workplace has had an 
impact on their health, the worker must be evaluated by a 
physician under the direction of the Aerospace Medical Council.  
He never received proper advice or care.  His bronco challenge 
report indicate he is indeed hypersensitive and the LOD 
evaluation should have been performed with this standard being 
applied.(Exhibit G).

________________________________________________________________
_

THE BOARD CONCLUDES THAT:

In an earlier finding, the Board determined there was 
insufficient evidence to warrant any corrective action.  After 
thoroughly reviewing the additional documentation submitted in 
support of this appeal and the evidence of record, we do not 
believe the applicant has overcome the rationale expressed in 
the previous decision.  We note the applicant’s counsel’s 
assertion that the applicant did not receive a proper medical 
evaluation and that the attending physician did not perform 
tests that could diagnose whether the applicant has any 
hypersensitivity to the exposure in the workplace.  However the 
medical evidence provided is insufficient for us to reach this 
conclusion.  Should the applicant submit new evidence not 
previously considered by the Board, such as physical fitness 
test results during his entire military service, medical 
documentation from military and civilian sources regarding his 
clinical history, presentation and treatments, and pre and post 
deployment physical assessments reflecting a total absence of a 
chronic respiratory ailment or symptoms suggestive of asthma, or 
a previous history of asthma that is now of a far greater level 
of severity than would be expected through its natural 
progression, further reconsideration of this case may be 
warranted. However, we do not find that the evidence currently 
before us is sufficient to compel us to recommend granting the 
relief sought.  Therefore, the applicant’s request is again 
denied.

________________________________________________________________
_

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and 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-2007-03907 in Executive Session on 11 March 2010, 
under the provisions of AFI 36-2603:

		XXXXXXXXXXXXXXX, Panel Chair
		XXXXXXXXXXXXXXX, Member
	 XXXXXXXXXXXXXXXX, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2007-03907 was considered:

    Exhibit F.  Record of Proceedings, dated 21 April 2008,
				  w/atchs.
	Exhibit G.  Letter, Applicant, dated 9 January 2009, 
w/atchs.





                                   XXXXXXXXXXXX
                                   Panel Chair


		

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