RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02696
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry code of 2B Involuntarily discharged with a general
discharge be changed to a code that would allow him to reenlist
in the Air Force or another branch of service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had a medical condition (Graves Disease and Hyperthyroidism)
prior to his discharge that the Air Force never treated him for
nor followed-up on.
At his discharge physical his summary sheets clearly state that
he was diagnosed with unexplained hypertension, and needed
follow-up by the Air Force and to be further evaluated. This
never happened. Had this happened it would have proven he had a
hyperthyroid problem known as Graves Disease.
Graves Disease is triggered by stress in which the thyroid
secretes too much of the bodys hormones that control the
cardiovascular system and attacks the logic center of ones
brain. This explains his inability to reason and make rationale
and logical choices and decisions.
He was a great Airman and would like another chance to serve.
He has been treated successfully for Graves Disease and is
medially cured.
In support of his request, the applicant provides a personal
statement, and copies of his service and medical records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 24 Jan 06, the applicant enlisted in the Air Force, and was
progressively promoted to the grade of airman first class.
On 12 Dec 07, the applicant was notified by his squadron
commander that he was recommending his discharge from the Air
Force for a pattern of misconduct, conduct prejudicial to good
order and discipline. The reasons for the proposed action were:
1) On 12 Oct 07, the applicant received nonjudicial
punishment (NJP) for several offenses to include: a) He between
on or about (a/o) 12 Sep 07 and o/a 14 Sep 07, was derelict in
the performance of his duties in that he willfully failed to
immediately report an accident involving two government owned
vehicles to the law enforcement desk, as it was his duty to do
so; b) He did o/a 14 Sep 07, through neglect, damage by collision
two government owned vehicles of a value of more than $500.00,
military property of the United States, the amount of said damage
being in the sum of about $2,761.11; c) He was the driver of the
vehicle at the time of an accident in which said vehicle was
involved, and having knowledge of said accident, did, between o/a
12 Sep 07 and o/a 14 Sep 07, wrongfully leave the scene of the
accident without making his identity known; d) He o/a 18 Sep 07,
was derelict in the performance of his duties in that he
willfully failed to immediately report an accident involving a
government vehicle to the law enforcement desk, as was his duty
to do so.; e) He, a passenger in a vehicle at the time of an
accident in which said vehicle was involved, and having knowledge
of said accident, did, o/a 18 Sep 07 by neglect, assist the
driver of said vehicle in wrongfully leaving the scene of the
accident without providing assistance to the occupant who had
been struck by the said vehicle. Punishment imposed was a
reduction in grade to airman basic, with reduction below airman
being suspended until 11 Apr 08, unless sooner vacated, and
45 days of extra duty.
2) On 23 Oct 07, the applicant stole a Motorola RAZR cell
phone, of a value of about $139.99, the property of another
airman. For this misconduct, on 11 Dec 07, the commander vacated
the suspended portion of his NJP and he was reduced to the grade
of airman basic, with a date of rank of 12 Oct 07.
On 17 Dec 07, the applicant acknowledged receipt of the
notification of discharge and waived his right to legal counsel,
and to submit statements in his own behalf.
On 18 Dec 07, the base legal office reviewed the case and found
it legally sufficient to support the basis for separation. The
discharge authority approved the separation and directed an under
honorable conditions (general) discharge without probation and
rehabilitation.
On 4 Jan 08, the applicant was discharged in the grade of airman
basic, by reason of misconduct and received an RE code of 2B. He
served on active duty for a period of 1 year, 11 months, and
11 days.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states the applicants RE
code (2B) is correct based on his involuntary discharge with a
general (under honorable conditions) character of service. The
applicant has provided no proof of an error or injustice in
reference to his RE code.
The complete DPSOA evaluation is at Exhibit C.
AFPC/DPSOS recommends denial. DPSOS states the applicant did not
provide any evidence of an error or injustice to warrant a change
to his discharge characterization.
DPSOS states based on the documentation on file in the master
personnel records, the discharge, to include his service
characterization, was consistent with the procedural and
substantive requirements of the discharge instruction and was
within the discretion of the discharge authority.
The complete DPSOS evaluation is at Exhibit D.
The BCMR Medical Consultant recommends denial of a change in his
assigned RE code.
The BCMR Medical Consultant in addressing the applicants request
for an RE code change notes that Department of Defense
Instruction (DoDI) 6130.03, Medical Standards for Appointment,
Enlistment, or Induction in the Military Service, contains a
listing of medical conditions that are disqualifying for entry
into military service and under Endocrine and Metabolic
conditions is listed current or past history of hyperthyroidism.
Additionally, listed among disqualifying Learning, Psychiatric,
and Behavioral disorders is attention deficit hyperactivity
disorder (ADHD). Exceptions to the latter policy statement
include: (1) The applicant has not required an Individualized
Education Program or work accommodations since the age of 14; (2)
There is no history of co-morbid mental disorders; (3) The
applicant has never taken more than a single daily dosage of
medication or has not been prescribed medication for this
condition for more than 24 cumulative months after the age of 14;
(4) During periods off of medical after the age of 14, the
applicant has been able to maintain at least a 2.0 grade point
average without accommodations; (5) Documentation from the
applicants prescribing provider that continued medication is not
required for acceptable occupational or work performance; and (6)
The applicant is required to enter service and pass Service-
specific training periods with no prescribed medication for ADHD.
The psychiatric letter of 11 Jul 09, indicates the applicant
sought help at Presbyterian Counseling Center and was prescribed
Lexapro and Strattera for anxiety and for attention deficit
disorder. It is not known whether he meets any other exception
to policy criteria. Thus, even if the Board elected to change
the applicants RE code, he would likely require a waiver via HQ
AETC/SGP, if applying for Air Force approval, for both ADHD and
the history of hyperthyroidism, in order to be accepted into
military service; notwithstanding the need to be ultimately
cleared again by MEPS medical officials for entry to military
service.
The cause of Graves Disease is believed to be of autoimmune
origin, with possible genetic and environmental factors
considered. The Medical Consultant agrees the expression of
human behavior and mood at a given time may be influenced by
endocrine function, through the action of various brain
neurotransmitters as intermediaries. The Consultant opines that
had the applicant been diagnosed prior to separation, it is
possible he would have been retained on active duty until his
medical condition was brought under reasonable control, or he was
processed through the Disability Evaluation System (DES). If
found unfit, although rarely for treated thyroid conditions, he
would have been confronted with a dual action review by the
Secretary of the Air Force Personnel Council for determining the
appropriate reason for separation (administrative versus medical)
and character of service.
If the Board determines the applicants hyperthyroid made him
vulnerable to commit the misconduct, then the Consultant opines
it would be appropriate to change both the narrative reason for
separation and to upgrade the character of service. However, the
Consultant finds difficulty establishing a definitive causal
relationship between the applicants admitted conscious decisions
not to report two vehicular accidents, one which he himself
characterized as stupid and immature, and to steal (although
initially denied) a cell phone, and then to attribute these acts
to an undiagnosed hyperthyroidism. Indeed, the applicants ADHD
may have, as much, influenced his poor impulse control and
decision-making. Therefore, while rendering the benefit of doubt
for mitigation and extenuation involving the applicants
misconduct, the Consultant opines it does not exonerate him of
the offenses committed. The applicant has not met his burden of
proof of an error or injustice that warrants the desired change
in RE code.
The complete BCMR Medical Consultants evaluation is at Exhibit
E.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
His USAF physical dated 12 Dec 07, clearly states it was
recommended he have a follow-up to determine the source of his
high blood pressure and extreme weight loss. He is certain had
this occurred, his physical, emotional and mental health issues
in regards to Graves Disease would have been diagnosed and
proper treatment followed.
He supplied the Board with expert medical information from his
Endocrinologist, and a full psychiatric evaluation, that fully
support the medical problems, mental confusion, and the lack of
being able to make correct logical decisions that occurred from
the Spring 2007 to his date of discharge.
He was an outstanding airman until his mind and body became
compromised due to his undiagnosed Graves Disease in 2007. He
feels his military problems can be traced to the effects of this
disease. His medical providers clearly stated this was triggered
by the stress of his destructive marriage, his baby daughter
being born with a life threatening heart defect, and his constant
struggle to meet his monthly financial responsibilities.
The applicants complete response is at Exhibit G.
_________________________________________________________________
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 error or injustice. After
thoroughly reviewing the evidence of record and noting the
applicants contentions, we are not persuaded that he has been
the victim of an error or injustice. We find no evidence to
indicate the applicants RE code was in error or contrary to the
prevailing instruction. The RE code which was issued at the time
of the applicants separation accurately reflects the
circumstances of his separation and we do not find this code to
be in error or unjust. In this respect we note the applicants
request is centered on the fact that while he was in the service
he was suffering from a medical condition that he believes may
have made him vulnerable to commit the misconduct. He states he
was successfully treated for Graves Disease and is medically
cured, and would like the opportunity to serve in the military.
After considering the opinions and recommendations of the Air
Force offices of primary responsibility and the BCMR Medical
Consultant, we accept their 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 persuasive evidence
indicating the RE code is erroneous or unjust; we conclude that
no basis exists 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 issues 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 Docket Number
BC-2010-02696 in Executive Session on 4 Oct 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Aug 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 21 Jul 11.
Exhibit D. Letter, AFPC/DPSOS, dated 7 Feb 11.
Exhibit E. Letter, BCMR Medical Consultant, 17 Jun 11.
Exhibit F. Letter, SAF/MRBR, dated 2 Jul 11.
Exhibit G. Letter, Applicant, dated 14 Aug 11.
Panel Chair
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