AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01911
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her reenlistment eligibility (RE) be changed so she may reenter
the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was undergoing medical care at the time of her discharge.
She had not been given a medical diagnosis and believes the
discharge was premature and unjust. At the time she was
discharged she had no idea that she was permanently disqualified
from reentering a military service. She believes that being
pregnant and assigned to such a vigilant unit gave her a false
sense of what she could achieve. The medical discharge is a
false representation of her service in the Air National Guard
(ANG).
Her complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 16 Sep 04, the applicant was placed on a P-4T profile and
remained in that status until she was reissued another profile on
18 Oct 05 that indicated “member is medically disqualified for
worldwide duty.”
The New York ANG flight surgeon recommended that she be separated
from the military because of multiple medical problems that
precluded her from performing her military duties; plus she
failed to provide updated medical information since 29 Dec 04.
The applicant submitted copies of medical documents from the
Veterans Affairs (VA) Medical Center, Syracuse, NY, reflecting
evaluation and treatment of some medical conditions, to include
migraine headaches, a urological and gynecological condition, and
swelling of hands and feet.
The applicant had several significant medical problems, to
include obesity – morbid; headaches migraine episodic at time
requiring narcotics for relief; and menstrual bleeding under
evaluation. She was recommended to be separated from service
because her physician did not feel that she could perform her
duties to include being worldwide qualified.
On 19 Oct 05, entry in the applicant’s medical records states,
“Spoke with member regarding her WWD status. Member states she
would be sending info to include in her package…” There are no
documents relating to a line of duty determination that would
indicate that she should have been processed by a Medical
Evaluation Board (MEB) as a compensable medical condition under
the governing instructions.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are at Exhibit C, D, and E.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PP recommends denial and states that the applicant’s RE of
“Ineligible” identifies her as being medically disqualified to
perform duties of the member’s office, grade, or rank because of
disease or injury. They recommend the National Guard Bureau
Surgeon General’s office review this case to obtain a
determination as to whether the member’s medical condition is a
permanent disqualification for reentry into the military.
The complete A1PP evaluation is at Exhibit C.
NGB/SGPF recommends denial and states that the applicant has not
provided any new medical documentation for review and
consideration. SGPF notes that SG is not the authority for
changing RE codes and they did not receive an appeal of the 2005
medical disqualification for worldwide duty, or any requests for
this member to be retained in an Assignment Limitation Code (ALC-
C). However, SGPF is willing to consider reentry into the ANG
upon review of a current physical exam for military entrance, to
determine if a waiver can be considered for the applicant’s
previously disqualifying medical history.
The complete SGPF evaluation is at Exhibit D.
NGB/A1PP provides an additional advisory stating that it was
determined the applicant was separated due to on-going medical
problems and failure to provide additional medical documentation
to update her medical preparedness status. They also determined
that her discharge was accomplished in accordance with Air Force
policies and procedures, and there is no evidence that shows an
error or injustice has occurred.
The complete A1PP evaluation is at Exhibit E.
NGB/A1P concurs with the subject matter expert advisory and
recommends relief not be granted based on the Air Force policy
and supporting documentation provided by NGB/SGPF.
The complete A1PP evaluation is at Exhibit F.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 20 Dec 12 for review and comment within 30 days. As
of this date, this office has received no 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. 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 National Guard Bureau offices of primary responsibility
and adopt their rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01911 in Executive Session on 21 Feb 13, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Mar 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PP, dated 30 Aug 13.
Exhibit D. Letter, NGB/SGPF, dated 17 Dec 12.
Exhibit E. Letter, NGB/A1PP, dated 17 Dec 12.
Exhibit F. Letter, NGB/A1P, dated 19 Dec 12.
Exhibit G. Letter, SAF/MRBR, dated 20 Dec 12.
Chair
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