RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02952
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be upgraded to one that would enable him to enlist into the US Army.

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APPLICANT CONTENDS THAT:

He had joined the Air Force to work in pararescue.  After a few days of basic training, he was standing at attention one day when his knees locked up, he passed out, and cut the back of his head.  He contends he passed out because he had not been eating properly.  He wanted to be the first in everything so when time came to eat, he would eat a little bit and then run outside to get in line to be first for the next event.  He was sent to the doctor after passing out where he was examined and sent back to his flight.  He complained that his head was killing him and he was sent back to the doctor where he was told he suffered from migraine headaches and could not continue his pararescue training.  He stated, if he could not be pararescue, he would rather get out of the AF and join another service.  He contends the doctor he was seeing assured him he would write him a letter to help him get into another service.  

He contends he has never had migraine problems in the past and has not had them since his discharge.  He has seen numerous doctors and spent a lot of money trying to prove this so he could get into the US Army.  He states he is in the best condition of his life and has pushed himself hard to get himself ready for the Army, even Ranger school.  Ever since he was little he has wanted to follow in the footsteps of his father (US Army) and grandfather (USAF) and join the military.  He states he loved every minute of his AF experience and would do anything to get back in the military.  He even told his recruiter he would do it for free.  

He has learned from the mistakes of his past and realizes how important it is to take care of himself and still give it his all.  He repeats his contention that he does not experience migraines and contends the AF doctor who treated him was mad because he told the doctor he didn’t know what the doctor was talking about during the exam.  He states the doctor’s comments 
he has included in his application are from some of the best doctor’s in Pennsylvania (PA).  He does not understand what the AF doctor’s did but he is fine.  He will do whatever it takes to get in the Army and he will not quit.

In support of his appeal, the applicant has provided a personal statement and copies of statements of health from several doctors as well as a copy of his DD Form 149, Certificate of Release or Discharge from Active Duty.   

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

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STATEMENT OF FACTS:

Applicant entered the AF on 24 November 1998.  On 27 November 1998, he passed out, fell, and suffered a laceration to the back of his head that required stitches.  He was released from the emergency room and returned to his flight where he continued to complain of light-headedness.  He was admitted to the hospital for observation and released the next day.  He experienced near syncope (passing out) symptoms while shaving and was readmitted.  During the hospitalization, he reported to his physicians a history of chronic headaches and episodes of syncope and near syncope for approximately six years.  He reported that the headaches had been occurring on a near daily basis and reported five incidents of passing out associated with headache, prior to his enlistment.  Review of his enlistment medical documents show that he denied frequent or severe headaches and dizziness or fainting spells.  He was diagnosed with migraine headaches and passing out: both disqualifying for military service.  

On 15 December 1998, he was notified that his commander was recommending him for discharge for defective enlistment – erroneous enlistment.  He waived his right to counsel and to submit statements on his behalf.  On 21 December 1998, he was separated in accordance with Air Force Instruction 36-3208, with an entry-level separation and an RE code of “4C” after 28 days of active military service.

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AIR FORCE EVALUATION:

The AFBCMR Medical Consultant reviewed the entire case file and recommends denial.  The applicant was administratively discharged due to migraine headaches and passing out that were disqualifying for military service.  Medical records indicate the applicant reported a significant history of headaches and passing out prior to service that would have prevented entry had he reported them during his enlistment medical examination.  He now contends Air Force doctors made this up and provides copies of three neurology evaluations since his discharge that support his contention that he is medically qualified for service.

Despite the more recent neurology reports, and his contention that he did not have problems before service, he manifested disqualifying syncope associated with headache beginning on day three of basic training and was appropriately separated.  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 complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant, in response to the BCMR Medical Consultant’s advisory, states the Medical Consultant does not know him and is not aware of the cost he has experienced to show that he is fine.  He contends the Medical Consultant has all the proof in front of him, that he is fine and still turns him down.  He plans on fighting to get in until he is too old to be in.  In his case, he states the Air Force was wrong.  He was told he could stay in the AF, but not as a PJ (pararescue).  He did not know the Air Force was going to hold him back from joining the Army.  He contends he should have stayed in the Air Force and trained for another job and states he should be let back in as there isn’t anything wrong with him and he has the proof.

He just wants his RE code changed so he can join the Army.  He does not understand how his life and dreams of helping his country could be destroyed by the decision to not change his RE code.  He made a mistake and requested he be sent home but should not be punished the rest of his life for it.  He requests he be seen in person so he can show how ready he is to go.  He would take any test necessary to show it and begs to be let back in.  He contends the Board will never see another man like himself.  He has been told no four times and he is still trying which should count for something.  He states the Military Entrance Processing Station (MEPS) in Pittsburgh said that he was good to go.  He concludes that should the Board help him that he will not let them down.

The applicant’s complete response is at Exhibit E.

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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 an error or injustice.  The Board noted that the applicant included several post-service statements from neurologists that appear to corroborate his contention that he does not experience migraines, but only infrequent headaches successfully treated with aspirin.  The applicant has expressed a fervent desire to enlist into the Army and we believe he should be given the opportunity to apply for enlistment.  Whether or not he is successful will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to any branch of the service.  Therefore, we recommend the applicant's records be corrected to the extent indicated below.

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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 21 December 1998, he was separated with an uncharacterized entry level separation under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) with a separation code of JFF and a reenlistment eligibility (RE) code of 3K.

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The following members of the Board considered this application in Executive Session on 30 March 2004, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Aug 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 20 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Feb 04.
    Exhibit E.  Letter, Applicant, undated.

                                   

AFBCMR BC-2003-02952

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 on 21 December 1998, he was separated with an uncharacterized entry level separation under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) with a separation code of JFF and a reenlistment eligibility code of 3K.