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 applicants 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 applicants 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
applicants 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 applicants
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 applicants 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 Consultants 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 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-2014-03356 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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