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AF | BCMR | CY2007 | BC-2007-00886
Original file (BC-2007-00886.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00886
            INDEX CODE:  110.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 SEP 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated to active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to a wrongful diagnosis of mild asthma, he was medically discharged.

In support of his request, the  applicant  provided  a  personal  statement,
documents  extracted  from  his  military  personnel  record,  and   medical
documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

A Medical Evaluation Board (MEB) convened on 6 September 2005  and  referred
his case to an Informal Physical Evaluation Board (IPEB)  with  a  diagnosis
of mild persistent asthma.  On 27 September 2005, the IPEB found  him  unfit
for further military  service  based  on  a  diagnosis  of  mild  persistent
asthma.  The  IPEB  recommended  that  he  be  discharged  with  a  combined
compensable rating of 10%.  The  applicant  agreed  with  the  findings  and
recommended disposition of the IPEB.  The Office of  the  Secretary  of  the
Air Force directed that he be discharged  with  severance  pay  effective  2
December 2005.  He served 7 years, 5 months, and 16 days on active duty.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPD recommends  denial.   DPPD  states  the  IPEB  reviewed  documents
submitted by the applicant, as well as the narrative summary and  associated
documents from the original MEB package.  The IPEB notes that the  applicant
was diagnosed with mild persistent asthma, provided  asthma  education,  and
instituted an asthma treatment plan.  There was  no  methacholine  challenge
test  in  the  original  MEB  package,  but  the  three  spirometries   with
documented  response  to  medication  were  highly  suggestive  of   asthma,
although perhaps not 100% diagnostic.  The Board notes that the  applicant’s
primary physician actually considered the diagnosis of GERD  and  prescribed
a therapeutic trial of Zantac, to which he did not respond.

Symptoms described at the time of the  original  MEB  included  chest  pain,
“can’t breathe,” pyrosis, and fatigue.  Whether or  not  the  applicant  had
asthma, and whether or not he had  bronchospasm,  the  history,  evaluation,
and clinical course were highly suggestive  of  jet-fuel  sensitivity.   The
fact that the applicant has had no subsequent symptoms (after being  removed
from his job involving fuels) and now has normal  spirometry  is  compatible
with this diagnosis.   The  applicant’s  diagnosis  may  be  more  correctly
called “respiratory sensitivity to jet fuel” rather than “asthma,”  but  the
recommendation for discharge with severance pay at a  10%  rating  would  be
the same.

The preponderance of evidence reflects that no error or  injustice  occurred
during the disability  process  or  at  the  time  of  separation.   If  the
applicant wants to pursue the option of returning to active  duty  he  could
apply to HQ Recruiting Service for a waiver.

The DPPD complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 April 2007, the evaluation was forwarded to the applicant  for  review
and comment within 30 days (Exhibit D).  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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  an  error  or  injustice   warranting   reinstatement.    The
applicant’s contentions are duly noted;  however,  we  took  notice  of  the
applicant's complete submission in judging the merits of  the  case  and  we
agree with the opinion and recommendation of the Air  Force  and  adopt  its
rationale as the basis for our conclusion that the applicant  has  not  been
the victim of an error or injustice.  It appears the  Disability  Evaluation
System properly evaluated and rated the applicant and he concurred with  the
IPEB findings.  Also, he has not provided any evidence which would  lead  us
to believe  otherwise.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no compelling  basis  to  recommend  granting  the  relief
sought.

4.    Notwithstanding the fact that the  reenlistment  code  issued  at  the
time of the applicant's separation was in  accordance  with  the  applicable
regulations, we believe that based on the particular  circumstance  of  this
case, he should be given an opportunity to request a waiver to serve in  the
Air Force.  Whether or not he is successful will depend on the needs of  the
service and our recommendation in no way guarantees that he will be  allowed
to return to the Air Force or any other branch of service.  Accordingly,  we
recommend his 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 at the time of his  discharge  on  2
December 2005, his reenlistment eligibility (RE) code was 3K.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
00886 in Executive Session on 13 Jun 07, under the  provisions  of  AFI  36-
2603:

                 Mr. Michael V. Barbino, Panel Chair
                 Ms. Renee M. Collier, Member
                 Ms. Barbara R. Murray, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 12 Mar 07, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPD, dated 16 Apr 07.
   Exhibit D.  Letter, SAF/MRBR, dated 27 Apr 07.




                 MICHAEL V. BARBINO
                 Panel Chair



AFBCMR BC-2007-00886





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXX be corrected to show that at the time of his discharge on 2
December 2005, his reenlistment eligibility (RE) code was 3K.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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