RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00789
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized discharge be changed to a medical discharge.
In his rebuttal to the BCMR Medical Consultants advisory
opinion, the applicant indicates he accepts the recommended
denial of a medical discharge and requests consideration for a
general (under honorable conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He enlisted in the military with no prior history of seizures;
however, he suffered a seizure while on active duty and has
continued to have seizures since.
In support of his appeal, the applicant provides a DD Form 293, Application for the Review or Discharge or Dismissal from the
Armed Forces of the United States; a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; and a copy
of his Report of Medical History.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 27 May 2008, the applicant enlisted in the Regular Air Force
in the grade of airman basic (E-1).
On 9 June 2008, while at basic training, the applicant was
diagnosed with a seizure disorder following an episode of passing
out while walking with members from his flight. Further medical
evaluation revealed his condition existed prior to service and an
entry-level separation was recommended.
On 11 June 2008, his commander recommended the applicant be
discharged for defective enlistment under the provisions of Air
Force Policy Directive 36-32 and Air Force Instruction 36-3208,
Chapter 5, Section C, Defective Enlistments, Paragraph 5.14 under
Basis for Discharge for Erroneous Enlistment, with an
uncharacterized entry-level separation. The applicant
acknowledged his commanders recommendation and waived his right
to consult counsel and to submit statements in his own behalf.
Following the Assistant Staff Judge Advocates finding that the
discharge case was legally sufficient, the discharge authority
approved the recommendation and directed the applicant be
discharged with an entry-level separation.
On 13 June 2008, the applicant was released from active duty with
an uncharacterized discharge and a narrative reason for
separation of Failed Medical/Physical Procurement Standards.
He served 17 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The BCMR Medical
Consultant states that while it is true the applicants
separation was indeed due to a medical condition, the fact the
condition appeared so soon after his entry to military service,
without evidence of a service-incurred or aggravated cause, it
was implicitly determined the condition existed prior to service.
Specifically, even though he reported that he enlisted with no
prior history of seizures, the abnormal electroencephalogram
(EEG) study obtained a few short days after entering military
service, in absence of a service incurred cause or other events,
approximates clear and unmistakable evidence that his abnormal
EEG pattern, if conducted prior to entering military service,
would have been reproducible.
The BCMR Medical Consultant states there is currently no standard
to conduct screening EEGs on all persons applying to enter
military service. Thus, the fact the applicant reported he never
had a prior seizure does not invalidate the pre-existence of an
abnormality predisposing him to a recurrence of seizures.
Consequently, rather than processing his separation via the
Disability Evaluation System (DES), he was discharged with an
entry-level separation under the provisions of Air Force
Instruction 36-3208, for failed medical/physical procurement
standards; acknowledging that had the Military Entrance
Processing Station (MEPS) officials known of the applicants
predisposition for seizures, he would likely not have been
accepted into military service. This determination does not cast
doubt upon the applicants character or his truthfulness. Entry-
level separations are authorized when an airman during the first
180 days of continuous active military service, demonstrates an
inability to perform military service or complete training by
reason of physical, behavioral, or performance deficit.
The BCMR Medical Consultant is of the opinion the applicant has
not met his burden of proof of an error or injustice that
warrants the requested change in his record.
The complete BCMR Medical Consultants evaluation is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Although he feels he should be granted a medical discharge due to
the fact he did not have a preexisting condition upon entering
the Air Force, he accepts the recommendation to deny his request.
However, he feels he deserves a general (under honorable
conditions) discharge because he was ready and willing to serve
his country. He believes he would have never had a problem with
seizures had it not been for him joining the military.
The applicants complete rebuttal is at Exhibit E.
_________________________________________________________________
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. We took notice
of the applicant's complete submission in judging the merits of
the case and do not find that it supports a determination that he
was improperly discharged. We note the applicants contention
that he should have received a medical discharge; however, as
indicated by the BCMR Medical Consultant, the applicants
disability was determined to exist prior to service and was not
permanently aggravated by military service. We note the
applicant indicates, in his rebuttal to the BCMR Medical
Consultants advisory opinion, that he accepts the Medical
Consultants opinion, and wishes, as an alternative, to have his
record corrected to reflect a general (under honorable
conditions) discharge. However, we find the discharge he
received complies with the governing Air Force Instruction and we
find no evidence to indicate that his separation from the Air
Force was inappropriate. Additionally, we note, an
uncharacterized separation is not an unfavorable reflection of
military service and should not be confused with other types of
separations. Rather, an uncharacterized entry level separation
merely signifies the length of military service and should not be
viewed negatively upon a members character. Therefore, in the
absence of evidence to the contrary, we find no 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 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 AFBCMR Docket
Number BC-2010-00789 in Executive Session on 14 December 2010,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-00789:
Exhibit A. DD Form 149, dated 1 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 22 Oct 10.
Exhibit D. Letter, AFBCMR, dated 4 Nov 10.
Exhibit E. Letter, Applicant, dated 18 Nov 10.
Panel Chair
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