RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03702
		INDEX CODE:  110.00, 112.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His type of discharge (entry level separation - Uncharacterized) be reconsidered and his reenlistment eligibility (RE) code of 4C be changed.

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APPLICANT CONTENDS THAT:

Since his discharge in 1996 he has been trying to reenlist for either active duty, Reserves or National Guard in any branch of service.  He has been unsuccessful thus far.  He feels changing his discharge code may help him a little.  He is not ready to give up trying to get back into the military and any help would be greatly appreciated.  In his many pieces of correspondence with different recruiters and other officials, it is felt an entry-level separation should not have been given based on a medical condition which he and no one else knew about previously.  In support of the appeal, applicant submitted two copies of his DD Form 214, a copy of his vision prescription and a copy of an NPS Applicant Summary.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 November 1996 in the grade of airman first class for a period of four years.

On 16 December 1996, applicant’s commander notified him that she was recommending discharge from the Air Force for erroneous enlistment.  Her reason for this action was a medical evaluation board that met at Lackland AFB, TX on 10 December 1996 which found he did not meet minimum medical standards to join the Air Force.  It was determined he should not have been allowed to join the Air Force because of keratoconus OD.

The applicant waived his option to consult counsel and his right to submit statements.  The discharge authority approved the separation action on 19 December 1996.

Applicant was administratively discharged from the Air Force on 20 December 1996, under the provisions of AFPD 36-32 and AFI 36-3208, Chapter 5, Section C, Paragraph 5.14 (Failed Medical/Physical Procurement Standards), with an uncharacterized entry-level separation.  He was assigned a reenlistment eligibility (RE) code of 4C (Separated for concealment of juvenile records, minority, failure to meet physical standards for enlistment, failure to attain a 9.0 reading grade level as measured by the Air Force Reading Abilities Test (AFRAT), or void enlistments).  He served one month and eight days of active duty.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant states the diagnosis has been confirmed by Department of Veterans Affairs since his discharge.  Corneal dystrophy of any type, including keratoconus of any degree is disqualifying for entry.  Keratoconus is a slowly progressive irregularity of the cornea, usually affecting both eyes, that begins between the age of 10 and 20 and requires frequent changing of lens prescriptions.  The 13 days the applicant was on active duty were not long enough to have developed this condition after entry.  By the time of diagnosis, he already demonstrated thinning of the cornea, a later finding, and had required glasses for six years.  The cause is unknown, but it results in progressive change in the shape of the cornea including thinning with attendant changes in visual acuity which may become uncorrectable with lenses and require surgery.

The BCMR Medical Consultant stated that the action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.

The BCMR Medical Consultant is of the opinion that no change in the records is warranted.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he recently underwent a corneal transplant in his right eye to take care of the Keratocopus.  His vision in the affected eye is now 20/30 uncorrected and 20/20 with little correction.  There is no evidence of Keratocopus in the left eye.  It has been two months since his surgery, which occurred on 10 February 2004.  It usually takes about 10 to 14 months to get the vision back.  His physician assures him that he sees no reason why military service would hinder his progress at all.

Applicant's complete response, with attachment, is at Exhibit D.

On 10 May 2004, per telecom with applicant, he indicated he would send medical documents.  On 18 May 2004, medical documents were received (Exhibit E).

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant states that not only is corneal dystrophy of any type, including keratocopus of any degree disqualifying for entry, but so is the corrective surgery.  Department of Defense and Air Force medical standards for entrance into military service indicate that keratorefractive surgery, laser surgery to reconfigure the cornea and penetrating keratoplasty (corneal transplant) are disqualifying for military service.  The BCMR Medical Consultant is of the opinion that no change in the records is warranted.

A copy of the evaluation is attached at Exhibit F.

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ADDITIONAL APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 June 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 14 days.  As of this date, no response has been received by this office (Exhibit G).

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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 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 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 recommendation of the BCMR Medical Consultant and adopt his rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  In this respect, we note that the applicant’s eye condition is disqualifying for entry into the Air Force.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 this application in Executive Session on 30 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 10 Nov 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, BCMR Medical Consultant, dated 19 Mar 04.
	Exhibit D.	Applicant’s Response, undated, w/atch.
	Exhibit E.	Medical Documents.
	Exhibit F.	Letter, BCMR Medical Consultant, dated 2 Jun 04.
	Exhibit G.	Letter, AFBCMR, dated 9 Jun 04.