RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00886
		INDEX CODE:  110.03

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 SEP 08

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APPLICANT REQUESTS THAT:

He be reinstated to active duty.

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APPLICANT CONTENDS THAT:

Due to a wrongful diagnosis of mild asthma, he was medically discharged.

In support of his request, the applicant provided a personal statement, documents extracted from his military personnel record, and medical documentation.

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

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STATEMENT OF FACTS:

A Medical Evaluation Board (MEB) convened on 6 September 2005 and referred his case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of mild persistent asthma.  On 27 September 2005, the IPEB found him unfit for further military service based on a diagnosis of mild persistent asthma.  The IPEB recommended that he be discharged with a combined compensable rating of 10%.  The applicant agreed with the findings and recommended disposition of the IPEB.  The Office of the Secretary of the Air Force directed that he be discharged with severance pay effective 2 December 2005.  He served 7 years, 5 months, and 16 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the IPEB reviewed documents submitted by the applicant, as well as the narrative summary and associated documents from the original MEB package.  The IPEB notes that the applicant was diagnosed with mild persistent asthma, provided asthma education, and instituted an asthma treatment plan.  There was no methacholine challenge test in the original MEB package, but the three spirometries with documented response to medication were highly suggestive of asthma, although perhaps not 100% diagnostic.  The Board notes that the applicant’s primary physician actually considered the diagnosis of GERD and prescribed a therapeutic trial of Zantac, to which he did not respond.

Symptoms described at the time of the original MEB included chest pain, “can’t breathe,” pyrosis, and fatigue.  Whether or not the applicant had asthma, and whether or not he had bronchospasm, the history, evaluation, and clinical course were highly suggestive of jet-fuel sensitivity.  The fact that the applicant has had no subsequent symptoms (after being removed from his job involving fuels) and now has normal spirometry is compatible with this diagnosis.  The applicant’s diagnosis may be more correctly called “respiratory sensitivity to jet fuel” rather than “asthma,” but the recommendation for discharge with severance pay at a 10% rating would be the same.

The preponderance of evidence reflects that no error or injustice occurred during the disability process or at the time of separation.  If the applicant wants to pursue the option of returning to active duty he could apply to HQ Recruiting Service for a waiver.

The DPPD complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 April 2007, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  As of this date, this office has received no response.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting reinstatement.  The applicant’s contentions are duly noted; however, we took notice of the applicant's complete submission in judging the merits of the case and we agree with the opinion and recommendation of the Air Force and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  It appears the Disability Evaluation System properly evaluated and rated the applicant and he concurred with the IPEB findings.  Also, he has not provided any evidence which would lead us to believe otherwise.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

4.	Notwithstanding the fact that the reenlistment code issued at the time of the applicant's separation was in accordance with the applicable regulations, we believe that based on the particular circumstance of this case, he should be given an opportunity to request a waiver to serve in the Air Force.  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 the Air Force or any other branch of service.  Accordingly, we recommend his records be corrected to the extent indicated below.

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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 2 December 2005, his reenlistment eligibility (RE) code was 3K.

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The following members of the Board considered AFBCMR Docket Number BC-2007-00886 in Executive Session on 13 Jun 07, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

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

   Exhibit A.  DD Form 149, dated 12 Mar 07, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPD, dated 16 Apr 07.
   Exhibit D.  Letter, SAF/MRBR, dated 27 Apr 07.

			XXXXXXXXXX
			Panel Chair

AFBCMR BC-2007-00886

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 XXX be corrected to show that at the time of his discharge on 2 December 2005, his reenlistment eligibility (RE) code was 3K.

		XXXXXXXXXX
		Director
		Air Force Review Boards Agency