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AF | BCMR | CY2007 | BC-2005-02303-2
Original file (BC-2005-02303-2.DOC) Auto-classification: Denied

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

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-02303
                                             INDEX CODE:  100.03 & 100.06
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His Reentry Code of “2Q” be changed to allow  his  reentry  into  the  armed
forces.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was medically discharged  for  a  pre-existing  condition,  i.e.,  kidney
stones; however, the kidney stones he had while deployed to  Iraq  were  due
to the environment and lifestyle of desert warfare,  rather  than  his  pre-
existing condition.  Since his deployment  to  Iraq,  he  has  had  no  more
episodes or pain due to kidney stones.

In support of his request for reconsideration,  the  applicant  submits  his
personal statement and a statement  from  a  civilian  physician  indicating
that in spite of his history, it is unlikely that he will be prevented  from
living a normal life.

Applicant’s complete submission, with attachments, is at Exhibit F.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Fore on 4 June 2002, for a  period  of
four years.

Based on renal colic on 5 and 18 December 2003, resulting in the passing  of
kidney stones while deployed to Iraq,  the  applicant  was  presented  to  a
Medical Evaluation Board (MEB).  On  6  May  2004,  the  MEB  established  a
diagnosis of recurrent nephrolithiasis (kidney stones) and recommended  that
he be referred to an Informal Physical Evaluation Board (IPEB).   On  21 May
2004, an IPEB sustained the diagnosis  of  the  MEB,  found  him  unfit  for
continued military  service,  determined  the  condition  existed  prior  to
service (EPTS) without service aggravation, and recommended  his  discharge.
On 28 May 2004, he agreed with the findings and recommendation of  the  IPEB
and waived his right to a  Formal  Physical  Evaluation  Board  (FPEB).   On
1 June 2004, the Secretary  of  the  Air  Force  Personnel  Council  (SAFPC)
announced the decision of the Secretary of  the  Air  Force  to  direct  his
discharge.

He was honorably discharged on 20 July 2004, under the provisions of AFI 36-
3208 (Disability, EPTS) and  issued  a  Reentry  Code  of  “2Q  -  Personnel
medically retired or discharged.”  He completed 2 years,  1  month,  and  17
days of active service.

On 27 September 2006, the Board considered his  request  to  change  his  RE
code of “2Q” to allow his reentry into the armed forces.   The  Board  found
insufficient evidence to warrant  favorable  consideration  and  denied  his
request.  For an accounting of the facts and circumstances  surrounding  the
applicant’s separation, and the rationale of the  earlier  decision  by  the
Board, see the Record of Proceedings at Exhibit E.

In an application, dated 22 May 2007, submitted  through  his  congressman’s
office,  the  applicant  submitted  a  request  for  reconsideration.    The
applicant’s complete submission is at Exhibit F.

________________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient  relevant  evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  After thoroughly  reviewing  the  evidence
of record and  the  additional  documentation  submitted  by  applicant,  to
include a statement from a civilian physician, we  remain  unpersuaded  that
his RE code of “2Q - Personnel medically retired or discharged”  incorrectly
identifies the circumstances surrounding his  medical  discharge.   Although
the statement from the civilian physician indicates that  in  spite  of  the
applicant’s history of nephrolithiasis (kidney stones) it is  unlikely  that
he will be prevented from living a normal life, it does not refute the  fact
that  under  the  adverse  conditions  of  deployed   military   operational
environments, his underlying  kidney  abnormality  makes  the  formation  of
kidney stones an almost certainty due to dehydration and  the  inability  to
control dietary factors.  To the contrary, the statement indicates  that  he
is prone to develop more kidney stones  as  a  result  of  his  kidneys  not
handling calcium properly.  Therefore, in the absence  of  evidence  to  the
contrary, we again find  no  compelling  basis  to  recommend  granting  the
relief sought in this application.

________________________________________________________________





THE BOARD DETERMINES THAT:

The applicant be notified that the additional  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-2005-02303
in Executive Session on 24 July 2007, under the provisions of AFI 36-2603:

                       Ms. Patricia J. Zarodkiewicz, Vice Chair
                       Mr. Jeffery R. Shelton, Member
                       Ms. Dee R. Reardon, Member

The following documentary evidence was considered:

    Exhibit E.  Letter, Sen Craig, dated 4 Jun 07, w /atchs.
    Exhibit F.  DD Form 149, dated 22 May 07, w/atchs.



                                   PATRICIA J. ZARODKIEWICZ
                                   Vice Chair

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