RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2002-04051
		INDEX CODE 100.00  108.01
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code of “2Q” (Personnel medically retired or discharged) be changed so that she may reenlist.

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APPLICANT CONTENDS THAT:

She is not medically unqualified to serve. The condition causing her separation no longer exists. The Department of Veterans Affairs (DVA) found her condition 0% disabling. She passed the physical after she contacted the Air National Guard (ANG) but was denied reenlistment because of her prior separation. She has spent over three years trying to reenlist.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 2 Jul 97 and was assigned to McGuire AFB, NJ, as an aircrew life support apprentice in the grade of airman first class (A1C).   

The applicant presented to the acute care clinic on 21 Feb 98 with hives on her face after walking from a building to her car. She also developed hives over her entire body whenever she worked on the flight line. She was seen again on 24 Feb 98 after eating ice cream and developing swelling of the tongue and lips, including perioral hives. As soon as her mouth was warmed, the hives started to dissipate. On 25 Feb 98, she was seen by the allergy clinic at Walter Reed Medical Center (WRMC). An ice test was positive for hives. She still experienced some burning of the hands every so often even when on medication. Her ice test at WRMC in Apr 98 was negative. She subsequently became pregnant in Jun 98 and her medications were discontinued. 

A 27 Aug 98 Medical Evaluation Board (MEB) summary noted she had been asymptomatic for the past two months, even when eating cold items. The diagnosis was cold-induced urticaria (hives). The MEB recommended that, if the applicant were retained, she be taken off worldwide qualification and stationed at a base with warm climate.  

On 11 Sep 98, an MEB convened and recommended referral to an Informal Physical Evaluation Board (IPEB) for cold-induced urticaria. The IPEB convened on 13 Oct 98 and recommended the applicant be discharged with severance pay and a 10% disability rating. The applicant disagreed with the findings and recommendations on 22 Oct 98 and requested a Formal PEB (FPEB). The FPEB convened on 5 Nov 98 and confirmed the IPEB’s findings and recommendations. The FPEB noted that, although the applicant had missed no work per se, she was unable to perform a sizable amount of her flight line duties during cold weather. Certain cold foods had caused symptoms in the past and she had to carry an epipen. Her future assignments would have to be severely limited to warm climates only. Discharge with 10% severance pay for cold-induced urticaria was recommended. On 5 Nov 98, the applicant disagreed with the FPEB’s conclusions.

The applicant submitted a rebuttal and her supervisors recommended retention. Her case was forwarded to the Secretary of the Air Force Personnel Council (SAFPC) for consideration. 

On 28 Dec 98, SAFPC noted the applicant’s contention to be returned to duty; however, the medical evidence indicated her condition was not compatible with the rigors of military service. Therefore, SAFPC concurred with the FPEB that her condition was probably permanent, relatively stable with the present management program but unfitting for active military service. 

As a result, the applicant was honorably discharged on 12 Mar 99 in the grade of A1C for cold-induced urticaria at 10%, with severance pay, after 1 year, 8 months and 11 days of active service.

A 3 Dec 99 ice test conducted by a civilian provider concluded that her history of hives was resolved and there was no evidence of urticaria. In a 7 Jun 00 letter, a civilian physician concluded the applicant’s condition was resolved as proven by an ice test. 

DVA evaluations in Oct 99 and Mar 01 awarded 0% for cold-induced urticaria. 

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AIR FORCE EVALUATION:

The AFBCMR Medical Consultant discussed the applicant’s medical situation and contended the evidence does not clearly demonstrate that her condition was an isolated occurrence in Feb 98. Unfortunately, once demonstrating the condition, she is at risk for recurrence. Because of the unpredictable risk for recurrence and for life threatening systemic reactions, the applicant’s history of cold-induced urticaria is disqualifying for reenlistment. The AFBCMR Medical Consultant concludes the appeal should be denied, but he suggests what the applicant could submit for reconsideration.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPAE advised that the applicant’s RE code is correct.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded with a personal statement and a letter from her primary care physician, a captain at McConnell AFB, KS.  She asserts she did not have a recurrence since the outbreaks in Feb 98. She has not been on medication since Jun 98. She is willing to go through more tests if necessary. She believes she was wrongly separated and wants a chance to serve her country by rejoining the Air Force. 

The physician indicates the applicant was tested for cold-induced histamine response in Oct 99 and in Sep 03. Both tests were negative for any cold urticaria symptoms. Further, she has lived in cold climates, gone swimming, eaten frozen foods, etc., without incident. As the local allergy extender at McConnell AFB, the physician cannot find any evidence the applicant continues to suffer from cold urticaria.

The applicant’s complete response, with attachment, is at Exhibit F.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant partial relief. Although not specified, we assume the applicant wants an RE code that confers immediate reenlistment eligibility. The evidence she submitted in her rebuttal appears to indicate she may no longer suffer from cold urticaria. However, since the AFBCMR Medical Consultant advises that this condition could be subject to recurrence, we believe a prudent solution would be to award the applicant a waiverable code, rather than one that allows immediate reenlistment. In other words, an RE code from the “3” series would permit her to apply for enlistment and, should she prove to be free of this condition and medically fit, have desirable skills and be otherwise acceptable, the Reserves may elect to waive her ineligibility and allow her to reenlist.  Whether or not she is successful will depend on the needs of the service, and the Board’s recommendation in no way guarantees that she will be allowed to reenter the armed services. Therefore, the Board recommends her reenlistment code be changed to “3K.”

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, in conjunction with her honorable discharge on 12 March 1999, she was issued a reenlistment eligibility code of “3K,” rather than “2Q.”

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The following members of the Board considered this application in Executive Session on 2 October 2003 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2002-04051 was considered:

   Exhibit A. DD Form 149, dated 31 Jul 02 (received 23 Dec 02), 
                    w/atchs.
   Exhibit B. Applicant's Master Personnel Records.
   Exhibit C. Letter, AFBCMR Medical Consultant, dated 16 Jun 03.
   Exhibit D. Letter, HQ AFPC/DPPAE, dated 13 Aug 03.
   Exhibit E. Letter, SAF/MRBR, dated 28 Aug 03.
   Exhibit F. Letter, Applicant, dated 24 Sep 03, w/atch.

AFBCMR BC-2002-04051

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to    , be corrected to show that, in conjunction with her honorable discharge on 12 March 1999, she was issued a reenlistment eligibility code of “3K,” rather than “2Q.”