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AF | BCMR | CY2014 | BC 2014 03356
Original file (BC 2014 03356.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03356

						COUNSEL:  NONE

						HEARING DESIRED:  YES 



APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of 2Q (Personnel 
medically retired or discharged) be changed to allow reentry in 
the military.


APPLICANT CONTENDS THAT:

He was discharged for asthma but does not have asthma, nor has 
he ever had asthma.  The test that was done which led to his 
discharge was conducted while he had a cold.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
25 Jul 06.

On 30 Mar 07, during the applicant’s periodic health assessment, 
he complained of shortness of breath with exercise/exertion.  On 
the same date, an AF Form 422, Physical Profile Serial Report, 
was completed assigning him a “P4” non-worldwide qualified 
profile and restricted him from performing the 1.5 mile run and 
from using a respirator or gas mask.

On 5 Apr 07 and 16 Apr 07, pulmonary function tests were 
conducted on the applicant and resulted in his diagnosis of 
asthma.

On 30 Jul 07 the applicant was referred to an Informal Physical 
Evaluation Board (IPEB) after meeting a Medical Evaluation Board 
where he was diagnosed with asthma.

On 13 Sep 07, the applicant was found unfit for continued 
service at the IPEB and recommended for discharge with severance 
pay with a disability rating of ten percent.  The IPEB noted the 
applicant’s profile limited him from respirator and gas mask 
wear, which prohibited him from performing the scope of duties 
required by his AFSC (Fire Protection).

On 1 Oct 07, the applicant was determined to be unfit for 
continued military service and directed to be discharged with 
severance pay.

On 9 Nov 07, the applicant was furnished an honorable discharge, 
with an RE code 2Q and narrative reason for separation of 
“Disability, severance pay,” and was credited with 1 year, 3 
months, and 15 days of active service.   

The remaining relevant facts pertaining to this application are 
contained in the memorandums prepared by the Air Force offices 
of primary responsibility (OPR), which are attached at Exhibits 
C, D, and E.    


AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial, indicating that the applicant has 
not provided any proof of an error or injustice related to his 
RE code.  The applicant received an RE code of 2Q – “Personnel 
medically retired or discharged” and was paid $3,963.35 in 
severance pay based on his disability discharge.  This RE code 
is correct per AFI 36-2606, Reenlistment in the USAF, chapter 3, 
based on his disability discharge.  

A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.

AFPC/DPFD recommends denial as it pertains to the disability 
process.  The RE code of 2Q is correct for a member who was 
approved for a medical retirement or separation.  The 
preponderance of evidence reflects that no error or injustice 
occurred during the disability process.

A complete copy of the AFPC/DPFD evaluation is at Exhibit D.

BCMR Medical Consultant recommends denial of the applicant’s 
request to change his RE code.  The Medical consultant agrees 
that an active upper respiratory tract infection or other 
significant pulmonary infection could affect the diagnostic 
accuracy when testing for asthma.  However addressing the likely 
mechanism for the applicant’s symptoms, noting his report of 
experiencing “progressively worsening symptoms over the past 
year,” exercise-induced asthma is believed to be the result of 
the increased low of cold air directly entering the upper and 
lower airways during extended periods of mouth breathing; which 
typically occurs during and immediately following extended 
exertion., e.g., running and skateboarding.  Regardless, the 
applicant experienced a prohibitive -22% drop in Forced 
Expiratory Volume (FEV-1) upon administrative of dosage number 2 
of methacholine.  Asthma is disqualifying for service re-entry, 
with some exceptions.  DOD Instruction 6130.03, Medical 
Standards for Appointment, Enlistment, or Induction in the 
Military Services, outlines the policy under heading Lungs, 
Chest Wall, Pleura and Mediastinum which explains disqualifying 
conditions and the exception in the following:

“Airway hyper-responsiveness including asthma (493.xx), reactive 
airway disease, exercise-induced bronchospasm (519.11) or 
asthmatic bronchitis (493.90), reliably diagnosed and 
symptomatic after the 13th birthday” is disqualifying.  
Individuals do meet the standard if within the past 3 years they 
meet ALL of the criteria in subparagraphs 11.d (2)(a)-(d) 
immediately below:

	a.  No use of controller or rescue medications (including 
but not limited to inhaled corticosteroids, leukotriene receptor 
antagonists, or short-acting medical treatment.

	b.  No exacerbations requiring acute medical treatment.

	c.  No use of oral steroids.

	d.  A current normal spirometry, performed in accordance 
with American Thoracic Society guidelines and as defined by 
current National heart, lung, and Blood Institute standards.

The medical consultant has no way of discerning whether the 
applicant has experienced a recurrence of his exercise-induced 
bronchospasm since leaving military service in 2007; nor whether 
he has been prescribed or used an over-the-counter product to 
abate his symptoms within three years.  Moreover, the applicant 
has not presented a normal repeat exercise pulmonary function 
test and a negative repeat methacholine challenge test, 
conducted within the past 90 days.  Based upon the 
aforementioned, the Consultant opines the burden of proof of 
error or injustice has not been met to warrant the desired 
change of record.

A complete copy of the BCMR Medical Consultant’s evaluation is 
at Exhibit E.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 26 Feb 15 for review and comment within 30 days 
(Exhibit F).  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.  We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinions and 
recommendations of the Air Force offices of primary 
responsibility (OPR) and the BCMR Medical Consultant and adopt 
their rationale as the basis for our conclusion 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.

4.  The applicant’s 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-2014-03356 in Executive Session on 21 May 15, under 
the provisions of AFI 36-2603:

	
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-03356 was considered:

	Exhibit A.  DD Form 149, dated 13 Aug 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOA, dated 16 Sep 14.
	Exhibit D.  Memorandum, AFPC/DPFFD, dated 20 Oct 14.
      Exhibit E.  Memorandum, AFBCMR, Medical Consultant, dated 
        20 Feb 15.
      Exhibit F.  Letter, SAF/MRBR, dated 26 Feb 15.

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