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AF | BCMR | CY2010 | BC-2010-00789
Original file (BC-2010-00789.txt) Auto-classification: Denied
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 Consultant’s 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 applicant’s 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 commander’s recommendation and waived his right 


to consult counsel and to submit statements in his own behalf. 
Following the Assistant Staff Judge Advocate’s 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 applicant’s 
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 applicant’s 
predisposition for seizures, he would likely not have been 
accepted into military service. This determination does not cast 
doubt upon the applicant’s 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 Consultant’s 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 applicant’s 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 applicant’s contention 
that he should have received a medical discharge; however, as 
indicated by the BCMR Medical Consultant, the applicant’s 
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 
Consultant’s advisory opinion, that he accepts the Medical 
Consultant’s 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 member’s 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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