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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