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AF | BCMR | CY2010 | BC-2009-02621
Original file (BC-2009-02621.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02621
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation, “Disability Existed Prior to  Service,”
be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded a  50  percent  disability  rating  from  the  Department  of
Veterans Affairs (DVA) after he was discharged from service.  He would  like
his narrative reason changed so he may receive educational assistance.

In support of the application,  the  applicant  submits  his  DD  Form  214,
Certificate of Release or Discharge from Active Duty.

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 13 Feb 01.

A clinical narrative summary dated 18 Aug  03  reflects  the  applicant  was
diagnosed  with  sleepwalking,  obstructive  sleep   apnea   and   perennial
rhinitis.  The summary indicates the applicant denied all prior  history  of
sleepwalking/frequent trouble sleeping on his entrance physical  exam  dated
29 Dec 00; however, he stated “sleepwalking has not been an issue since  age
16.”

The Medical Evaluation Board (MEB) found his  conditions  Existed  Prior  To
Service (EPTS) and referred him to an  Informal  Physical  Evaluation  Board
(IPEB).  The IPEB concurred with the MEB findings and found the  applicant’s
conditions unfitting and non compensable or ratable and  recommended  he  be
discharged from service.

The Secretary of the Air Force Personnel Council directed the  applicant  be
separated from active service for  physical  disability  due  to  a  medical
condition that existed prior to service.

The applicant was discharged under honorable conditions on 28  Oct  03.   He
served 2 years, 8 months and 16 days on active duty.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

BCMR MEDICAL CONSULTANT’S EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states individuals who sleepwalk after their 13th birthday are not  eligible
for enlistment.  Additionally, current  sleep  disturbances  including,  but
not limited to, sleep apnea are disqualifying for enlistment.   The  Medical
Consultant opines  the  information  provided  clearly  points  to  a  sleep
disburbance  which  included  sleepwalking   and   sleeptalking   prior   to
enlistment.  The IPEB deemed the condition incompatiable with the rigors  of
military service.  The Medical  Consultant  notes  the  applicant’s  medical
records have not been provided by the VA and  the  burden  of  proof  of  an
error or injustice has not been met by the applicant.

The complete BCMR Medical Consultant’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 16  Mar
10, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (Exhibit D).

_________________________________________________________________

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.   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 the 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 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  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  BC-2009-02621  in  Executive
Session on 18 May 10, under the provisions of AFI 36-2603:

      Chair
      Member
      Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Jul 09, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 12 Mar 10.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Mar 10.




                                   Chair

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