ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03236
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show him as qualified for world-wide duty (WWD).
________________________________________________________________
RESUME OF CASE:
On 12 Apr 12, the Board considered and denied the applicants original request for his records to be corrected to show him as qualified for WWD. The applicant contended the National Guard Bureau (NGB) unfairly denied him a waiver of his disqualifying medical condition, even though he had previously been granted successive waivers and his health had not substantially changed. However, the Board determined the evidence presented by the applicant was not sufficient to determine the NGB acted outside its authority in determining it was no longer appropriate to grant the applicant said waiver of his cardiac condition so he could remain qualified for WWD. For an accounting of the facts and circumstances surrounding the applicants original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit E.
In his latest submission, dated 31 Dec 12, the applicant requests reconsideration of his case, contending a medical waiver is warranted. He submits new evidence showing he has been taken off the medication Plavix and he passed his most recent Fitness Assessment (FA). In addition, he denies having undergone a significant negative change in his medical condition in 2010.
The applicants complete submission, with attachments, is at Exhibit F.
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AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial indicating there is no evidence of an error or injustice. The applicant clearly has a history of cardio-vascular disease, with an adverse event (cardiac arrest). Even though his present condition appears stable, the applicant is at increased risk for future events both from the underlying pathology and from surgical interventions (stents). The Medical Advisor strongly concurs with the flight surgeon who determined the applicant should only be in a non-deployable position. The Medical Advisor cannot comment on why the NGB/SGPA reversed its decision regarding granting a world-wide deployability waiver but opines this decision (not to grant a waiver) was in the best interest of the applicant, USAF, and the reversal was within the NGB/SGPs prerogative. There were no errors of injustice or procedural methodology which should change the decision previously rendered.
The complete copy of the Medical Consultants evaluation is at Exhibit G.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A critical fact remains uncorrected. In the Facts section of the Medical Advisors memorandum, it still states that In 2010 he underwent a significant change to his medical condition that led to his medical disqualification from WWD on 1 December 2011. That statement is not true. At no time has anyone from the Air Force or the Air National Guard ever stated what that change was. He stands on the assertion there was and is no logical reason, no rationality, behind the departure from the previously granted waiver (Exhibit I).
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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 an error or injustice. We took notice of the applicants complete submission in judging the merits of the case, to include his rebuttal response to the advisory opinion; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the Board notes the applicants contention that there was no significant change in his medical condition in Dec 10 and his medical condition is currently stable, we agree with the AFBCMR Medical Advisor that due to the applicants medical history he is at increased risk of future events and should only be utilized in a non-deployable position. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2011-03263 in Executive Session on 12 Nov 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 10 Aug 12, w/atchs.
Exhibit F. Letter, Applicant, dated 31 Dec 12, w/atchs.
Exhibit G. Letter, AFBCMR Medical Consultant, dated 28 Apr 13.
Exhibit H. Letter, AFBCMR, dated 29 Apr 13.
Exhibit I. Letter, Applicant, dated 29 May 13.
Panel
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