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AF | BCMR | CY2012 | BC-2012-02784-2
Original file (BC-2012-02784-2.txt) Auto-classification: Approved
ADDENDUM TO RECORD OF PROCEEDINGS   
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-02784-2
		COUNSEL: NONE
		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reentry (RE) code of 2Q, which denotes “Personnel medically 
retired or discharged,” be changed to RE-1 {sic}, so he may 
reenter into the military, or in the alternative, his RE code be 
changed to 3K, which denotes “Reserved for use by AFPC or the 
Air Force Board for Corrections of Military Records.” 

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 19 Mar 13, the Board considered and denied a similar appeal.  
For a full accounting of the facts surrounding his previous 
request and the rationale of the Board’s earlier decision, see 
the Record of Proceedings at Exhibit F.

By undated letter, the applicant submitted a request for 
reconsideration.  In this request, the applicant provides two 
letters; one from his primary care physician and another from a 
neurologist.  His primary care physician states that the 
applicant has been under his care since Jun 00, and at no time 
did he suffer a seizure.  The applicant’s neurologist states 
that the applicant has been seizure free and off medication for 
a number of years.  He also states that his neurologic exam and 
electroencephalogram (EEG) were both normal and it would be 
reasonable for the applicant to return to the military.  

By undated letter, the applicant also provides a copy of his 
sleep-deprived EEG and neurology exam.  

The applicant’s complete submission, with attachments, is at 
Exhibits G-H.  

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends approval.  The Medical 
Consultant states that the applicant had a single seizure 
several years ago and has not been on any anti-seizure 
medication since that initial occurrence, which resulted in his 
release from military service.  Department of Defense (DoD) 
allows for entry to military service for individuals with a 
history of a seizure after the sixth birthday, under certain 
circumstances 1) Seizure-free for five years while taking no 
medication for seizure control, 2) a normal sleep-deprived EEG, 
and 3) a normal neurological evaluation.  

The applicant provided evidence of a normal neurological 
evaluation and an actual sleep-deprived EEG report from a study 
conducted on or about 26 Apr 13.  

The final interpretation by Doctor G--- states “This is a normal 
EEG in an awake and drowsy adult.  Please be aware that a normal 
EEG does not exclude the possibility of an underlying seizure 
disorder.”  

Based upon the evidence of record, the Medical Consultant found 
no error or injustice in the applicant’s involuntary release 
from military service.  However, in view of meeting the 
qualifying criteria for service reentry, the Medical Consultant 
opines consideration be made for changing the applicant’s RE 
code to allow application for service reentry.  

The applicant is reminded that the previous personnel action 
found his condition Existed Prior to Service (EPTS).  
Consequently, if later found to be recurrent prior to achieving 
eight years of active service or sooner without evidence of 
permanent service aggravation he, again, would be vulnerable for 
discharge for an EPTS condition without eligibility for military 
disability compensation.  

Lastly, the applicant is advised that the mere history of a 
seizure may yet require review by an Air Force waiver authority 
before final acceptance into military service.

The complete BCMR Medical Consultant evaluation is at Exhibit I.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 9 Oct 13, for review and comment within 30 days 
(Exhibit J).  As of this date, this office has not received a 
response. 

_________________________________________________________________

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.  After careful consideration of all the facts and 
circumstances of the applicant’s case, along with the additional 
medical documentation, we believe that relief is warranted.  In 
this respect, we note that the previous Board noted that the 
applicant had not provided information to show that he met all 
the criteria reflected in DoDI 6130.03, Medical Standards for 
Appointment, Enlistment, or Induction in the Military Services 
for reentry.  The applicant has since provided the requested 
information and the BCMR Medical Consultant recommends changing 
his RE code to one that renders his eligible to apply for re-
entering military service.  Therefore, we agree with the BCMR 
Medical Consultant’s assessment of this case, and believe the 
interest of justice is best served by changing his reentry code 
to 3K which is a code that can be waived for prior service 
enlistment.  Our recommendation in no way guarantees that he 
will be successful in his quest to return to military service; 
but, will simply allow him the opportunity to apply for a waiver 
to join the branch of the service he chooses.  He will still 
have to meet the stringent physical requirements and qualify for 
enlistment and/or commissioning in the service to which he has 
applied.  Therefore, we recommend his records be corrected to as 
indicated below.  

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 25 May 
2006, he was discharged with a Reentry (RE) code of 3K.  

_________________________________________________________________

The following members of the Board considered Docket Number    
BC-2012-02784-2 in Executive Session on 5 Dec 13, under the 
provisions of AFI 36-2603:

				Panel Chair
				Member
				Member












All members voted to correct the record, as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-02784-2 was considered:

    Exhibit F.  Record of Proceedings, dated 5 Apr 13, w/atch.
    Exhibit G.  Letter, Applicant, undated, w/atchs.
    Exhibit H.  Letter, Applicant, undated, w/atchs.
Exhibit I.  Letter, BCMR Medical Consultant, dated 8 Oct 13. 
Exhibit J.  Letter, SAF/MRBC, dated 9 Oct 13.




                                   
                                   Panel Chair
4

4



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