RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00762
		INDEX CODE:  110.02
		COUNSEL: NONE 

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility (RE) code be changed to one that would allow her to reenlist.

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APPLICANT CONTENDS THAT:

She was unjustly discharged without sufficient evidence.  She has never been diagnosed as having a medical disability.  She successfully completed basic military training, technical school, and all physicals given while on active duty.  She is fully capable to perform in the Air Force.

In support of her request, the applicant submits a copy of her DD Form 214, Certificate of Release or Discharge from Active Duty, a copy of report from civilian doctors, copies of letters of recommendation, and excerpts from her military medical records.

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 as an airman basic on 16 October 1996 for a term of 4 years.

She passed out in November 1996 while standing in the chow line during basic training.  Her next episode of loss of consciousness occurred in technical school while seated in the classroom.  Because of her history of recurrent loss of consciousness, she underwent a medical evaluation board.  The informal and formal Physical Evaluation Boards determined that she was unfit for continued duty due to her existing prior to service episodes of loss of consciousness and recommended separation.

On 16 December 1997, the applicant was discharged from the Air Force, under the provision of AFI 36-3213, for a disability that Existed Prior to Service (EPTS).  She served one (1) year, two (2) months and one (1) day on active duty and received an RE code of “2Q” “Personnel medically retired or discharged”.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The applicant did not report her history of recurrent loss of consciousness requiring hospitalization on one occasion because of features suggestive of seizure (prolonged post event lethargy) during her enlistment medical examination.  While on active duty she experienced two episodes of loss of consciousness in a period of approximately 6 months, one of which had clinical features of seizure.  Thorough evaluation failed to identify the specific cause for her episodes or even whether these episodes represented seizure or not.  

Recurrent loss of consciousness regardless of etiology is disqualifying for enlistment, and is disqualifying for continued duty when it is likely to interfere with the performance of duty or pose a potential risk to the member.  The applicant’s condition was disqualifying for entrance into the military; however, she did not reveal this history at the time of enlistment and once on active duty experienced two spells within 6 months.  The applicant’s job involved repair and maintenance of aircraft “egress” systems such as ejection seats and required climbing on aircraft, use of ladders, etc on the flight line.  Unpredictable episodes of seizures, like loss of consciousness, even if infrequent, are not acceptable risks.

Action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.

The BCMR Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPAE recommends denial.  The RE code of 2Q, “Personnel medically retired or discharged” is correct.  Waivers of RE codes for enlistment are considered and approval based on the needs of the respective military service and recruiting initiatives at the time of the enlistment inquiry.

The DPPAE evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 18 July 03, for review and comment within 30 days.  As of this date, this office has received no response.

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THE BOARD RECOMMENDS 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 her reenlistment eligibility (RE) code.  Evidence has not been provided in support of her appeal which would lead us to believe that a change to her RE code is warranted.  Therefore, we agree with the opinions and recommendations of the BCMR Medical Consultant and the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling 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 issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2003-00762 in Executive Session on 2 September 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			MrMember

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 27 Feb 03, w/atch.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, BCMR Medical Consultant, dated 15 May 03.
	Exhibit D.	Letter, AFPC/DPPAE, dated 10 Jul 03.
	Exhibit E.	Letter, SAF/MRBR, dated 18 Jul 03.

	
	Panel Chair