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AF | BCMR | CY2012 | BC-2011-03648
Original file (BC-2011-03648.pdf) Auto-classification: Denied
 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
 

 

 
 
 

 

 
 
 

 

   

 

 
 
 

 

   
XXXXXXX 

 

HEARING DESIRED:  NO 

DOCKET NUMBER:  BC-2011-03648 
  
COUNSEL:  NONE 

IN THE MATTER OF: 
 
 
 
 
 
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
The  narrative  reason  for  his  separation  be  changed  from 
“Defective Enlistment Agreement” to “Medical Separation.” 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
The  basis  for  his  discharge  was  a  medical  condition  (episodic 
dizzy  spells  secondary  to  migraine  headaches)  that  was 
discovered while he was serving on active duty and precluded him 
from  continuing  in  his  guaranteed  career  field  of  aircraft 
maintenance. 
 
In  support  of  the  appeal,  the  applicant  submits  extracts  from 
his medical records. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  enlisted  in  the  Regular  Air  Force  on  21  April 
1999. 
 
On  30  August  1999,  he  was  examined  by  the  Chief,  Neurology 
Services,  diagnosed  with  episodic  dizzy  spells  caused  by 
abdominal 
for 
reclassification  into  a  less  physically  demanding  career  field, 
than  the  flight  line  environment.    Based  on  this  diagnosis,  his 
squadron  section  and  squadron  training  commanders  recommended 
his reclassification. 
 
On  24  November  1999,  he  was  again  seen  by  the  Chief,  Neurology 
Services,  who  cleared  him  for  continued  training  provided  he 

recommended 

headaches, 

migraine 

and 

 

 

carried  Midrin  medication  with  him  at  all  times  that  he  is 
performing  flight  line  duties  or  in  an  environment  in  which  a 
loss  of  balance  would  place  him  in  danger  and  that  he 
immediately  report  to  his  commander  or  physician  if  the 
medication did not relieve the symptoms of dizziness or vertigo. 
 
He  was  in  a  leave  status  from  1  to  8  December  1999,  due  to  a 
death  in  his  family.    When  he  returned  he  was  advised  the  cut-
off date for reclassification was 10 December 1999.  He was then 
gone  from  21  December  1999  to  3  January  2000  due  to  the  holiday 
break.    Upon  his  return,  he  reported  to  the  reclassification 
section. 
 
On  6  January  2000,  he  requested  separation  effective  20  January 
2000,  under  Air  Force  Non-fulfillment  of  Enlisted  Agreement, 
noting  that  he  was  medically  disqualified  from  his  guaranteed 
Air Force Specialty Code. 
 
On  1  February  2000,  the  wing  commander  approved  his  separation 
and  on  3  February  2000,  he  was  honorably  discharged  for 
Defective Enlistment Agreement. 
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
The  AFBCMR  Senior  Medical  Advisor  recommends  denial  and  notes, 
in  part,  that  in  order  for  the  applicant  to  qualify  for  a 
medical  separation,  there  must  be  evidence  the  condition  was 
permanently aggravated by his military service.  However, in his 
case,  the  record  established  clear  and  unmistakable  evidence 
that his condition existed prior to service (EPTS), since in one 
instance, he reported symptoms had occurred since the age of 15, 
notwithstanding  a  six-month  period  in  which  he  reportedly  did 
not  experience  symptoms.    He  would  have  likely  been  discharged 
without  the  eligibility  for  disability  severance  pay,  had  he 
been  processed  through  the  Disability  Evaluation  System,.  
Although the applicant has applied to the Department of Veterans 
Affairs for service-connection for a shoulder dislocation, there 
is  no  evidence  the  spontaneous  nature  of  the  condition 
interfered with his military service. 
 
The AFBCMR Senior Medical Advisor’s evaluation is at Exhibit C. 
 
________________________________________________________________ 
 
 
 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A complete copy of the evaluation was forwarded to the applicant 
on  27  April  2012,  for  review  and  response  within  30  days.  

 

 

 

However,  as  of  this  date,  no  response  has  been  received  by  this 
office. 
 
________________________________________________________________ 
 
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  AFBCMR  Senior  Medical  Advisor  and  adopt  his  rationale  as 
the  basis  for  our  conclusion  the  applicant  has  not  been  the 
victim  of  an  error  or  injustice.    Therefore,  in  the  absence  of 
evidence  to  the  contrary,  we  find  no  compelling  basis  to 
recommend granting the relief sought in this application. 
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number BC-2011-03498 in Executive Session on 26 June 2012, under 
the provisions of AFI 36-2603: 
 

 
 
 

XXXX, Panel Chair 
XXXX, Member 
XXXX, Member 

 dated 27 Apr 12. 

 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 24 Aug 11, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Memorandum, AFBCMR Senior Medical Advisor, 
 
    Exhibit D.  Letter, SAF/MRBC, dated 27 Apr 12. 
 
 
 
 
                                   XXXXX 
                                   Panel Chair 
 
 

 

 



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