RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01096
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His permanent medical disability retirement be removed and he be
reinstated back into the United States Air Force Academy (USAFA)
so that he can be commissioned as a second lieutenant in the
USAF.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
His medical condition of Keratoconus which subsequently led to
his medical retirement with a disability rating of 30 percent
has been corrected by a hybrid lens and he should be reinstated
as a first class cadet at the USAFA.
In support of his appeal, the applicant provides a personal
statement; copies of his Medical Evaluation Board (MEB)
documentation; USAFA disenrollment documents; medical retirement
orders, and other supporting documentation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letters prepared by the appropriate office of the Air Force and
the BCMR Medical Consultant.
Subsequent to this request, the applicant has been advised by
the USAFA that since the USAFA already has an established
process for re-admission, the BCMR process might not be the
proper avenue to pursue re-admission at this time. The
applicant was further advised that if he believes his vision has
been corrected enough to meet admission standards for the USAFA
and subsequent commissioning in the USAF, he should contact the
nearest Department of Defense Medical Examination Review Board
(DoDMERB) office to have his vision tested. If they confirm
that he meets their standards, then he should contact the USAFA
admissions office for further information about re-admission.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSD recommends denial, stating, in part, based on a
preponderance of the evidence, no error or injustice occurred
during the disability process or at the time of separation.
When the Informal Physical Evaluation Board (IPEB) reviewed the
applicants case, they noted: Although you were able to
tolerate contact lenses, the Board opines that they are
medically required for someone with your condition, and rates
your disability accordingly. The applicants commander noted
that there were no waivers for his condition. The applicant was
medically retired because his eyesight did not meet the
requirements to graduate and be commissioned as an officer in
the USAF.
The complete AFPC/DPSD evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 11 Jun 10 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION
The BCMR Medical Consultant recommends denial. He recommends
the applicant submit an inquiry to the DoDMERB for an evaluation
of his qualification for re-entering military service, as
recommended by the Deputy Chief, Cadet Personnel; and if
medically cleared or waived for service entry, the applicant
should follow up with an application to the USAFA waiver
authority.
The applicant was retired due to a disqualifying medical
condition called Keratoconus. It is a degenerative disorder
of the eye in which structural changes within the cornea causes
it to thin and change to a more conical shape than its normal
gradual curve. It can cause substantial distortion of vision,
with multiple images, streaking and sensitivity to light.
Aside from the fact the applicant evidently passed accessions
standards and examinations when he first entered the USAFA, he
have since acquired a medical condition that is disqualifying
for accession or induction into military service. The applicant
is likely correct in the assumption that had he used a product
like SynergEyes while attending the USAFA, he may not have
been subject to an MEB and would have been able to complete his
education and possibly commissioning. However, the BCMR Medical
Consultant opines that revoking the applicants retirement prior
to the applicants clearance by DoDMERB may be premature and
could constitute a disservice to the applicant if he is
subsequently denied re-entry with the loss of retirement
benefits. He further finds it inappropriate to direct the
applicants return to the USAFA without him passing the
appropriate checks and balances designed to protect the interest
of the applicant and the Military Department.
The complete BCMR Medical Consultant evaluation is at Exhibit E.
________________________________________________________________
APPLICANTS REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION
A copy of the BCMR Medical Consultant evaluation was forwarded
to the applicant on 12 Oct 10 for review and comment within 30
days. As of this date, no response has been received by this
office (Exhibit F).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has not exhausted all remedies provided by
existing law or regulations. In this respect, we note, the
applicant has been advised by officials at the USAFA that if he
believes his vision has been corrected enough to meet admission
standards for the USAFA and subsequent commissioning in the
USAF, he should contact the nearest Department of Defense
Medical Examination Review Board (DoDMERB) office to have his
vision tested. If they confirm that he meets their standards,
then he should contact the USAFA admissions office for further
information about re-admission.
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; however, we agree with the opinions and
recommendations of the Air Force office of primary
responsibility and the BCMR Medical Consultant, and adopt their
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Additionally, the
BCMR Medical Consultant opines that revoking the applicants
retirement prior to the applicant being cleared by DoDMERB may
be premature and could constitute a disservice to the applicant
if he is subsequently denied reentry with the loss of retirement
benefits. Therefore, in view of the above and 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(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-01096 in Executive Session on 14 December 2010,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Mar 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 28 May 10.
Exhibit D. Letter, SAF/MRBR, dated 11 Jun 10.
Exhibit E. Letter, BCMR Medical Consultant,
dated 6 Oct 10.
Exhibit F. Letter, SAF/MRBR, dated 12 Oct 10.
Panel Chair
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