Search Decisions

Decision Text

AF | BCMR | CY2008 | BC-2007-03941
Original file (BC-2007-03941.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03941
      INDEX CODE:  110.00
      COUNSEL:  NONE

      HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

Her reentry code (RE) code of 3A (first term  airman  separating  before  36
months on current enlistment and who has no known disqualifying  factors  or
ineligibility conditions except grade, skill level, and  insufficient  total
active federal military service (TAFMS))  be  changed  to  1A  (eligible  to
reenlist but condition waived).

________________________________________________________________

APPLICANT CONTENDS THAT:

She was misdiagnosed with mild  asthma;  however,  she  recently  passed  an
Exercise Challenge Test.

In support of her application, she  submits  the  results  of  the  Exercise
Challenge Test Report, dated 19 Nov 07.

Her complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 10 Dec 05, the applicant was diagnosed  with  mild  intermittent  asthma.
On 29 Dec 05, she  was  found  unfit  for  continued  military  service  and
recommended for discharge, with a disability rating of ten  percent,  by  an
Informal Physical Evaluation Board (IPEB).

On 21 Feb 06  she  was  honorably  discharged  and  released  from  military
service.  She had served 11 months and 14 days on active duty.

In a letter dated 17 Jan 08, the applicant was notified of a change  to  her
RE code from 3A to  2Q  (Personnel  medically  retired  or  discharged)  and
issued a DD Form 215, Correction to DD Form 214, Certificate of  Release  or
Discharge from Active Duty.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate offices of the Air Force and the BCMR Medical Consultant  at
Exhibits C, D and F, respectively.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSD recommends denial.  DPSD states no error or injustice  occurred
during the disability process or at the time of separation.

The complete DPSD evaluation is at Exhibit C.

HQ AFPC/DPSOA recommends  denial.   DPSOA  states  the  RE  code  of  1J  is
reserved for members who have been recommended for  continued  service,  but
elect to separate.  DPSOA notes documentation  submitted  by  the  applicant
confirms her initial diagnosis of mild asthma.

The complete DPSOA evaluation, with attachments, is at Exhibit D.

The BCMR Medical  Consultant  recommends  denial.   Although  the  applicant
reportedly showed "no signs  of  airway  bronchospasm"  during  her  Nov  07
exercise challenge  test,  her  predisposition  for  experiencing  recurrent
acute and unexpected exacerbations of her  medical  condition  continues  to
pose an unreasonable risk to her health and for  mission  degradation.   She
could experience an  acute  asthma  exacerbation  under  circumstances  that
could place  her  life  in  peril  if  unable  to  immediately  gain  access
emergency treatment.  This factor is particularly relevant  in  the  context
of the austere  operational  environments  and  extreme  physical  stressors
confronting all members of today's Air and Space Expeditionary Force.

The complete BCMR Medical Consultant's evaluation is at Exhibit F.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  15
Feb 08 and 24 Mar 08, respectively, for review and comment within  30  days.
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 not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review  of  the  evidence
of record, we are not persuaded that  the  applicant’s  RE  code  should  be
changed to a waiverable code which would allow her  to  return  to  military
service.  We note the medical care record  provided  for  our  review  which
indicates  the  applicant  should  be  reconsidered  for  reentry  into  the
military; 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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.


________________________________________________________________

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 this application in  Executive
Session on 7 May 2008, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz Chair
                 Ms. Lea Gallogly, Member
                 Ms. Glenda H. Scheiner, Member

The following documentary evidence was considered in AFBCMR BC-2007-03941:

     Exhibit A.  DD Form 149, dated 28 Nov 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPSD, dated 13 Dec 07.
     Exhibit D.  Letter, HQ AFPC/DPSOA, dated 21 Dec 07.
     Exhibit E.  Letter, SAF/MRBR, dated 15 Feb 08.
     Exhibit F.  Letter, BCMR Med Consultant, dated 24 Mar 08.




                                   THOMAS S. MARKIEWICZ
                                   Chair

Similar Decisions

  • AF | BCMR | CY2010 | BC-2010-01960

    Original file (BC-2010-01960.txt) Auto-classification: Denied

    DPSD states the evidence reveals no error or injustice occurred during the disability process or at the time of separation. 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 Air Force offices of primary responsibility and adopt their rationale as the basis for our decision the applicant has failed to sustain his burden of proof of the existence of an error or injustice. Exhibit E. Letter,...

  • AF | BCMR | CY2010 | BC-2010-01720

    Original file (BC-2010-01720.txt) Auto-classification: Denied

    The complete HQ AFPC/DPSOA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 6 Aug 10 for review and comment within 30 days (E). We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt...

  • AF | BCMR | CY2008 | BC-2008-00361

    Original file (BC-2008-00361.doc) Auto-classification: Approved

    AFPC/DPSOA's complete evaluation is at Exhibit D. ______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 28 Mar 08, for review and comment within 30 days. The Medical Consultant's complete evaluation is at Exhibit G. ______________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation...

  • AF | BCMR | CY2007 | BC 2007 03679

    Original file (BC 2007 03679.txt) Auto-classification: Denied

    The complete DPSOS evaluation is at Exhibit D. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: The DD Form 149 she submitted on 30 Oct 07, should include treatment and separation due to asthma and bilateral stress fractures. The BCMR Medical Consultant’s evaluation is at Exhibit G. ________________________________________________________________ _ APPLICANT'S REVIEW OF ADDITONAL AIR FORCE EVALUATION: The entry level separation...

  • AF | BCMR | CY2010 | BC-2008-02939

    Original file (BC-2008-02939.doc) Auto-classification: Denied

    The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the BCMR Medical Consultant at Exhibit H. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFRC/A1K defers to the appropriate office in regards to the applicant’s request for a medical retirement. His left knee injury was recorded as occurring “while in college.” He received periodic non-flying medical...

  • AF | BCMR | CY2010 | BC-2009-02261

    Original file (BC-2009-02261.doc) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: The medical board determined that her disability resulted from her military service; however, this was not reflected on her discharge paperwork. On 18 Apr 03, the Informal Physical Evaluation Board (IPEB) found the applicant unfit for further service and recommended her discharge under other than Chapter 61, Title 10 United States Code (USC) at the rating of 10 percent, but without compensation (as...

  • AF | BCMR | CY2008 | BC-1997-03689-2

    Original file (BC-1997-03689-2.doc) Auto-classification: Denied

    His medical condition has changed and improved since his last evaluation by the Air Force in March 1996. The ROTC cadet command referred back to his original Medical Evaluation Board ruling without consideration of his improved condition. 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...

  • AF | BCMR | CY2010 | BC-2010-04392

    Original file (BC-2010-04392.txt) Auto-classification: Denied

    On 7 Dec 07, the applicant was found unfit for military service due to her diagnosis of asthma by the Informal Physical Evaluation Board (IPEB) and was recommended for discharge with separation pay with a combined compensable rating of ten percent. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force which are attached at Exhibits C and...

  • AF | BCMR | CY2009 | BC-2008-01824

    Original file (BC-2008-01824.doc) Auto-classification: Approved

    JA opines the possibility that the member’s attempt to add the sleep apnea to the MEB delayed the process; however, it is unclear how the LOD board’s subsequent finding of EPTS might have impacted the MEB process. Her complete response is at Exhibit F. _________________________________________________________________ BCMR MEDICAL CONSULTANT EVALUATION: The BCMR Medical Consultant recommends medically retiring the deceased service member with a 30 percent disability rating, effective 24 Jan...

  • AF | BCMR | CY2014 | BC 2014 01008

    Original file (BC 2014 01008.txt) Auto-classification: Denied

    The specific reason for the proposed action was based on a Standard Form 600, Chronological Record of Medical Care, dated 18 Jan 12, which indicated the applicant should not have been able to join the Air Force because of reactive airway disease. Based on the documentation on file in the master personnel records, the discharge to include the type of separation, narrative reason for separation, separation code and the character of service was appropriately administered and was within the...