ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02027-2

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests his record be changed to show he is fit for duty and returned to active duty retroactive to his date of separation.  In addition, he be cross-trained into another career field.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 27 June 1990.  He was progressively promoted to the grade of staff sergeant (E-5), with an effective date and date of rank of 1 August 1996.  The applicant was evaluated through the military Disability Evaluation System (DES) in 2001 and all reviewing Physical Evaluation Boards (PEBs) found the applicant’s asthma unfitting for continued military service.  Based on these findings, the PEBs recommend he be discharged with severance pay, with a ten percent disability rating.  Following the Secretary of the Air Force Personnel Council’s (SAFPC) review of the applicant’s rebuttal comments, the evidence and testimony presented to the PEBs, they concurred with the recommendation of the PEBs and directed the applicant be discharged with severance pay, with a ten percent disability rating.  The applicant was disability discharged in the grade of E-5 with severance pay on 14 August 2001, due to the findings of mild intermittent to persistent asthma, after 11 years, 1 month and 17 days on active duty.

A similar appeal was considered and denied by the Board on 8 June 2004.  A summary of the evidence considered by the Board and the rationale for its decision is set forth in the Record of Proceedings, which is attached at Exhibit K.

The applicant submitted a request for reconsideration, contending that people do not have asthma one day and it is gone the next.  He never had asthma and is fit for duty.  He has provided the following additional information, which includes his latest Pulmonary Function test, Methacholine challenge administered at Audi Murphy Veterans Hospital and a current physical performed by MEPS in San Antonio, TX.  These tests are provided to refute the diagnosis of asthma made by the original PEB, FPEB, SAFPC and the AFBCMR.  The newly presented information clearly indicates that the original tests were incorrect.  The applicant’s complete submission, with attachments, is at Exhibit L.

Information extracted from applicant’s rebuttal submission reveals he was found medically qualified for enlistment in the Air Force Reserve by the HQ Air Force Reserve Command Surgeon on 8 February 2005, with an approved waiver.  He enlisted in the Air Force Reserve in the grade of staff sergeant (E-5) on 17 February 2005 for a period of six years.  Information extracted from the Military Personnel Data System (MilPDS) reveals the applicant was promoted to the Reserve grade of technical sergeant (E-6), with an effective date and date of rank of 1 July 2005.
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AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the applicant’s record is warranted.  The BCMR Medical Consultant states that the applicant’s recent negative exercise and methacholine bronchoprovocation tests do not overcome his history of intermittent asthma/reactive airways disease demonstrated while in service.  Evidence of the record clearly establishes the presence of unfitting intermittent asthma while in service and his recent normal testing does not show there was an error.  The fact that he is doing well now does not change his history of intermittent asthma/reactive airways disease.  A history of asthma or reactive airways disease, even if presently inactive, is disqualifying for reentry.  The applicant’s history of asthma (or reactive airways disease) predicts he is at an increased risk for recurrent problems when exposed to the operational environments and if on active duty, would require assignment limitations inconsistent with the needs of the Air Force.  Details of his evaluation are at Exhibit M.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Having been provided the advisory opinion, the applicant submitted a personal statement for the Board’s review in which he states the additional information submitted contained documents clearing him to enlist into the Air Force Reserve by an Air Force flight doctor and by the Air Force Reserve Surgeon General.  His ability to enlist into the Reserve was based on the medical documents he has recently provided to the Board.  If he was not fit for duty, the Air Force Reserve would not have cleared him medically for continued service in the Air Force.  He has proven the Medical Consultant’s diagnosis is wrong and passed them without incident.  The six medical specialists that he has seen, all state he never had asthma and that it was probably an allergic reaction to something.  All the medical personnel he has seen have said that “asthma is like being pregnant, either you are or you are not.”  Asthma does not come and go.  He has taken every test available and provided the Board with the results which have indicated normal, or negative for asthma.  The applicant’s complete response, with attachments, is at Exhibit O.
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THE BOARD CONCLUDES THAT:

1.  After again reviewing this application and the evidence provided in support of the appeal, we are of the opinion that some relief is warranted.  In this respect, we note the applicant was recently approved as medically qualified for enlistment in the Air Force Reserve, with a waiver.  Although the applicant is currently in the Air Force Reserve, it should be noted that the standards for service in the Regular Air Force differ from the Air Force Reserve.  In addition, it is clear the applicant was experiencing some medical problems during the period 2000 to 2001 preceding his separation.  No evidence has been provided showing the information in his medical records is in error or that his treatment was based on factors other than his symptoms at that time and accepted medical principles.  We, therefore, believe his separation because of medical problems in 2001 was appropriate at that time.  Nevertheless, in view of the applicant’s most recent submission and the conflicting medical information, it is questionable as to whether the applicant may have been misdiagnosed.  In view of the above, we believe the most equitable solution would be to approve a waiverable Reenlistment Eligibility (RE) code, which would allow whatever branch of service the applicant applies to make the determination concerning his current medical condition.  In view of the foregoing, we recommend the applicant’s records be corrected to the extent indicated below.

2.  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.
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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, at the time of his discharge on 14 August 2001, he was issued a Reenlistment Eligibility (RE) code of “3K.”
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The following members of the Board considered this application in Executive Session on 10 August 2005, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-02027.

	Exhibit K.  Record of Proceedings, dated 30 Jun 04,
                with Exhibits.
	Exhibit L.  Applicant’s Letters, dated 8 Nov 04, with 
                Attachments, and 18 Feb 05, with Attachments.
    Exhibit M.  Letter, BCMR Medical Consultant, dated 13 Apr 05.
    Exhibit N.  Letter, AFBCMR, dated 20 Apr 05.
	Exhibit O.  Applicant’s Letter, dated 5 May 05, with
                Attachments.

                                   

AFBCMR BC-2003-02027

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 APPLICANT be corrected to show that, at the time of his discharge on 14 August 2001, he was issued a Reenlistment Eligibility (RE) code of “3K.”