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 Boards 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 applicants 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 applicants 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 applicants 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 applicants 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 applicants 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 Consultants 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
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