ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1997-03689-2
INDEX CODE: 110.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code of “2Q” be changed to a “1” series
code which would allow him to enlist into the National Guard.
_________________________________________________________________
RESUME OF THE CASE:
The applicant submitted a similar request dated 5 Dec 97. On 9 Jun 98, the
Board considered and denied the applicant's request; however, it was
considered under the proforma format (Exhibit D). Therefore, statement of
facts pertaining to this case is as follows:
His RE code was assigned based upon an assumption that his condition at the
time would not resolve and he would continue to require pharmaceutical and
immunotherapy desensitization treatment. His medical condition has changed
and improved since his last evaluation by the Air Force in March 1996. His
activities and part-time work are normally contradictive of someone who has
a diagnosis of Reactive Airway Disease (RAD)/Asthma. His activities
include mountaineering, wilderness search and rescue, and fire fighting.
He participated in the Army ROTC program, served as a Cadet Commander, and
was a member of the Ranger Challenge team. During this time, he
experienced no signs of respiratory distress or compromise. In preparation
for an ROTC contract, he completed and passed a DOD Maritime Exercise
Review Board physical exam and was cleared by a physician for military
service. The ROTC cadet command referred back to his original Medical
Evaluation Board ruling without consideration of his improved condition.
He desires to return to military service in the National Guard and is
willing to conduct another physical fitness test or methacholine challenge
test as needed to demonstrate his improved medical condition.
In support of the application, the applicant submits several support
letters, a copy of his DD 214, his and biography.
The applicant's complete submission, with attachments, is at Exhibit F.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD recommends denial. DPPD states 2Q is the correct reenlistment-
eligibility status code for a person who is approved for a medical
retirement or separation.
The complete DPPD evaluation is at Exhibit G.
HQ AFPC/DPPAE recommends denied. DPPAE states on 7 Feb 06 officials within
the Office of the Secretary of the Air Force determined the applicant was
physically unfit for continued military service and direct his discharge
with severance pay under provisions of 10 USC 1203. DPPAE points out that
if the applicant's condition has improved, he should provide medical
documentation to the enlisting service for consideration of enlistment.
The complete DPPAE evaluation, with attachments, is at Exhibit H.
The BCMR Medical Consultant opines no change in the records is warranted.
In Oct 94, the applicant was seen in a civilian emergency department with
shortness of breath and wheezing. He was seen on 5 Jul 95 and treated with
two different asthma medications. On 28 Aug 95, he was evaluated by a
pulmonologist who diagnosed the applicant with mild to moderate asthma and
recommended a Medical Evaluation Board (MEB). The MEB referred the case to
the Informal Physical Evaluation Board (IPEB). On 14 Dec 95, the IPEB
recommended that the applicant be discharged with severance pay with a
disability rating of 10 percent. After the applicant's appeal of the IPEB
findings, the case was referred to the Formal Physical Evaluation Board
(FPEB) who made the same recommendation as the IPEB. The applicant
concurred with the FPEB findings and was subsequently discharged.
The BCMR Medical Consultant notes that while the applicant reports he has
improved his exercise tolerance, asthma is a condition that can remain
symptom free over extended periods (as evidenced by his recurrence of
asthma on active duty after over 10 quiescent years dating back to
childhood) and then suddenly appear without warning. Returning him to full
active duty without restrictions would imply that he could and would be
able to perform duty in all situations and all locations world wide. The
applicant had a condition that would be subject to exacerbations in some
locations, when exposed to known triggers not easily avoidable and under
austere conditions which would require significant medical care and put him
and the mission in jeopardy. This represents a significant respiratory
condition and is ultimately likely to prohibit his utilization as a Total
Force asset well into the foreseeable future. As a result, retention or
reenlistment would not be in the best interests of the applicant or the Air
Force.
The complete BCMR Medical Consultant's evaluation is at Exhibit J.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant for
review and comment within 30 days on 1 Jun 07 and 26 Oct 07, respectively.
As of this date, this office has received no response (Exhibit D & I).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After careful consideration of the applicant’s reconsideration request and
the documentation submitted in support of his appeal, we are not persuaded
to override the Board's original decision. We took notice of the
applicant's complete submission in judging the merits of the case; however,
we agree with the opinion and recommendation of the BCMR Medical Consultant
and adopt his rationale as the basis for our conclusion that the applicant
has not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 this application in Executive
Session on 16 January 2008, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Audrey Y. Davis, Member
Mr. Patricia R. Collins., Member
The following documentary evidence was considered in AFBCMR Docket Number
BC-1997-03689-2:
Exhibit E. Record of Proceedings, dated 12 Jun 98, w/atchs.
Exhibit F. DD 149, dated 19 Jan 07, w/atchs.
Exhibit G. Letter, HQ AFPC/DPPD, dated 8 May 07.
Exhibit H. Letter, HQ AFPC/DPPAE, dated 15 May 07, w/atch.
Exhibit I. Letter, SAF/MRBR, dated 1 Jun 07.
Exhibit J. Letter, BCMR Med Consultant, dated 24 Oct 07.
Exhibit K. Letter, SAF/MRBR, dated 26 Oct 07
CHARLENE M. BRADLEY
Panel Chair
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