RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00289
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His Reentry (RE) code 2Q which denotes medically retired or
discharged be changed to allow reenlistment in the Armed
Forces.
He receives $500,000 and a retirement check for his wrongful
diagnosis of asthma and discharge.
APPLICANT CONTENDS THAT:
He has supporting documentation from two doctors stating he was
misdiagnosed and could continue service which is his goal.
He was tested for allergies throughout his military career and
prescribed medications for his allergies. After arriving at
Minot AFB, ND he experienced difficulties breathing and was
diagnosed with asthma.
After his Permanent Change of Station (PCS) assignment to
Mountain Home AFB, ID he learned he was recommended for a
Medical Evaluation Board (MEB). He was having difficulties
breathing and requested to be screened for allergies. His
request was denied since he was recommended for a MEB.
He was referred to a pulmonary specialist who did not think he
had asthma and recommended that he be reevaluated and returned
to duty. His commander and first sergeant also recommended that
he be returned to duty.
Two weeks before his discharge for asthma he passed a Fitness
Assessment (FA) with a score of 84.
His Primary Care Manager (PCM) at Peterson AFB, CO explained
that he has several allergies especially to weeds and sagebrush
but that he never had asthma. He has allergy induced asthma
which is treatable.
He received $45,000 for his Discharge With Severance Pay (DWSP)
that he would pay back from the settlement. This is a fair
calculation of the pay he would have received for the past
12 years if he had received proper medical testing.
The applicant believes the Board should find it in the interest
of justice to consider his untimely application as he was a
model airman and wanted nothing more than to retire doing what
he loved.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 30 Jan 01, the applicant entered active duty.
According to an undated Narrative Summary (NARSUM), the
applicant was referred for a Medical Evaluation Board with the
chief complaint of asthma. The NARSUM states that he had
several months of intermittent signs or symptoms with asthma.
He had an office spirometry which showed a possible diagnosis of
asthma and was started on Advair and Albuterol at that time. He
subsequently followed up with pulmonology for pulmonary function
tests, which were positive. He also had a positive methacholine
challenge test for asthma. It was recommended he continue to
use Advair and Albuterol on an as needed basis and be followed
in the Family Medicine Clinic for his asthma.
According to the Format for Commander Input to Medical
Evaluation Board (MEB)/Physical Evaluation Board (PEB) dated
3 Sep 08, his commander indicated he disagreed with the PCMs
assessment and recommended the applicant be re-evaluated and
retained for further duty in his Primary Air Force Specialty
Code (PAFSC).
According to an AF Form 618, Medical Board Report, dated 15 Sep
08, he was referred for evaluation by the Informal Physical
Evaluation Board (IPEB) for diagnosis and findings of asthma.
According to an AF Form 356, Findings and Recommended
Disposition of USAF Physical Evaluation Board, dated 30 Oct 08,
he was recommended for DWSP with a compensable percentage rating
of 10 percent for mild intermittent asthma.
In a memorandum dated 8 Dec 08, the applicant requested that he
be permitted to waive his earlier election for a Formal Physical
Evaluation Board (FPEB) hearing and concur with the IPEBs
recommendations and findings with the understanding that he
would have no further right to demand a formal hearing without
substantial new evidence.
According to AFPC/DPSDs memorandum dated 30 Dec 08, the
Secretary of the Air Force directed the applicant be separated
from active service for physical disability under the provisions
of 10 U.S.C. § 1203 with severance pay.
On 10 Apr 09, he was honorably discharged with RE code 2Q and
a narrative reason for separation of Disability, Severance
Pay.
The applicant served 8 years, 2 months and 9 days on active
duty.
AIR FORCE EVALUATION:
AFPC/DPFD recommends denial of the applicants request to change
his RE code. The preponderance of evidence reflects that no
error or injustice occurred during the disability process. The
IPEB reviewed the applicants medical board on 30 Oct 08 for a
diagnosis of mild intermittent asthma and recommended DWSP with
a disability rating of 10 percent. On 3 Nov 08, the applicant
requested a hearing by the FPEB with counsel. On 8 Dec 08, he
waived his hearing with the FPEB and accepted the recommendation
of the IPEB. It should be noted that medical boards are a
snapshot in time and he waived two of his appeal rights to have
his medical board reviewed for possible return to duty. He
elected not to exercise his rights to appeal the IPEBs
recommendation. RE code 2Q is the correct RE code for a
member who is medically separated.
The complete DPFD evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 Sep 14, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days (Exhibit
D). 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 an error or injustice to warrant
changing his RE code. We took notice of the applicants
complete submission in judging the merits of the case; however,
we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has failed to
sustain his burden of proof that he has been the victim of an
error or injustice. Regarding his requests to be paid
$500,000 and he receive a retirement check, the applicant has
not provided sufficient evidence of an error or injustice to
warrant correcting his record in the manner requested.
Therefore, in view of the above and in the absence of evidence
he was denied rights to which he was entitled, we find no basis
to recommend granting any of the relief sought in this
application.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2014-00289 in Executive Session on 9 Dec 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPFD, dated 14 Feb 14.
Exhibit D. Letter, SAF/MRBR, dated 15 Sep 14.
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