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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