RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02556
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The reason for discharge of Miscellaneous reasons on her NGB Form 22, Report of Separation and Record of Service, be changed to a medical discharge.
APPLICANT CONTENDS THAT:
She was diagnosed with a neurological disorder (Narcolepsy with Cataplexy) and was incorrectly told it was a completely disqualifying condition. The only reason she did not continue her enlistment was because she was told this.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Air National Guard (ANG) during the period of time in question.
On 1 Nov 12, the applicant was furnished an honorable discharge, with the authority and reason for separation of AFI 26-3209, paragraph 3.12.17, Miscellaneous reasons, and was credited with 5 years and 23 days of total service for pay.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial indicating there is no evidence of an injustice. In accordance with AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, paragraph 3.12.17, Miscellaneous Reasons states Members who do not qualify for separation or discharge for another reason may request separation or discharge under this paragraph. Evaluate each application on its own merit; however, in determining whether a request for separation or discharge will be approved, the needs of the service are paramount and will be the controlling consideration. On 22 Aug 11, the applicants episode of medical care shows the applicant reported a complaint of severe EDS [excessive daytime sleeping], x3 years progressively worse. Extracts from the entry indicate the applicant had experienced sleep attacks during the day, had become drowsy while driving or watching TV. The entry also states the applicant had trouble staying awake in high school and admits to sleep paralysis and cataplexy of arms, hand, and head, usually precipitated by anger. The provider issued the diagnosis of Narcolepsy with Cataplexy and prescribed Ritalin, Imipramine, and Xanax. On 28 Mar 12, a memo written by the applicants sleep specialist stated she was not able to keep up with her job as a National Guard aircraft maintenance technician. The applicants contention she would have stayed in the Air Force except for being told she had a disqualifying medical condition does not take into account that she would have likely been involuntarily discharged due to her actually having a disqualifying medical condition. The applicant was diagnosed with a medical condition that is disqualifying for retention in military service in accordance with AFI 36-3209, paragraph 2.16. A discharge for medical disqualification is administrative in nature and does not come with any military disability compensation. A preponderance of the evidence indicates the applicant would not have been processed for a compensable disability by the military. Further, while the applicant may have met the burden of proof of probable error (i.e., she could have been separated for Medical Disqualification rather than miscellaneous reasons), correcting the error does not correct an enduring injustice as it will not make her eligible for disability benefits, and indeed, if her discharge were changed to Medical Disqualification, it may be a detriment if she pursues compensation from the Department of Veteran Affairs.
A complete copy of the BCMR Medical Consultant evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 11 Feb 15 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. 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 BCMR Medical Consultant and adopt his rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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-2014-02556 in Executive Session on 19 Mar 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02556 was considered:
Exhibit A. DD Form 149, dated 18 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant, dated 4 Feb 15.
Exhibit D. Letter, SAF/MRBR, dated 11 Feb 15.
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