RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00789 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His uncharacterized discharge be changed to a medical discharge. In his rebuttal to the BCMR Medical Consultant’s advisory opinion, the applicant indicates he accepts the recommended denial of a medical discharge and requests consideration for a general (under honorable conditions) discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: He enlisted in the military with no prior history of seizures; however, he suffered a seizure while on active duty and has continued to have seizures since. In support of his appeal, the applicant provides a DD Form 293, Application for the Review or Discharge or Dismissal from the Armed Forces of the United States; a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; and a copy of his Report of Medical History. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 27 May 2008, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1). On 9 June 2008, while at basic training, the applicant was diagnosed with a seizure disorder following an episode of passing out while walking with members from his flight. Further medical evaluation revealed his condition existed prior to service and an entry-level separation was recommended. On 11 June 2008, his commander recommended the applicant be discharged for defective enlistment under the provisions of Air Force Policy Directive 36-32 and Air Force Instruction 36-3208, Chapter 5, Section C, Defective Enlistments, Paragraph 5.14 under Basis for Discharge for Erroneous Enlistment, with an uncharacterized entry-level separation. The applicant acknowledged his commander’s recommendation and waived his right to consult counsel and to submit statements in his own behalf. Following the Assistant Staff Judge Advocate’s finding that the discharge case was legally sufficient, the discharge authority approved the recommendation and directed the applicant be discharged with an entry-level separation. On 13 June 2008, the applicant was released from active duty with an uncharacterized discharge and a narrative reason for separation of “Failed Medical/Physical Procurement Standards.” He served 17 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The BCMR Medical Consultant states that while it is true the applicant’s separation was indeed due to a medical condition, the fact the condition appeared so soon after his entry to military service, without evidence of a service-incurred or aggravated cause, it was implicitly determined the condition existed prior to service. Specifically, even though he reported that he “enlisted with no prior history of seizures,” the abnormal electroencephalogram (EEG) study obtained a few short days after entering military service, in absence of a service incurred cause or other events, approximates clear and unmistakable evidence that his abnormal EEG pattern, if conducted prior to entering military service, would have been reproducible. The BCMR Medical Consultant states there is currently no standard to conduct screening EEGs on all persons applying to enter military service. Thus, the fact the applicant reported he never had a prior seizure does not invalidate the pre-existence of an abnormality predisposing him to a recurrence of seizures. Consequently, rather than processing his separation via the Disability Evaluation System (DES), he was discharged with an entry-level separation under the provisions of Air Force Instruction 36-3208, for failed medical/physical procurement standards; acknowledging that had the Military Entrance Processing Station (MEPS) officials known of the applicant’s predisposition for seizures, he would likely not have been accepted into military service. This determination does not cast doubt upon the applicant’s character or his truthfulness. Entry- level separations are authorized when an airman during the first 180 days of continuous active military service, demonstrates an inability to perform military service or complete training by reason of physical, behavioral, or performance deficit. The BCMR Medical Consultant is of the opinion the applicant has not met his burden of proof of an error or injustice that warrants the requested change in his record. The complete BCMR Medical Consultant’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Although he feels he should be granted a medical discharge due to the fact he did not have a preexisting condition upon entering the Air Force, he accepts the recommendation to deny his request. However, he feels he deserves a general (under honorable conditions) discharge because he was ready and willing to serve his country. He believes he would have never had a problem with seizures had it not been for him joining the military. The applicant’s complete rebuttal is at Exhibit E. _________________________________________________________________ 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and do not find that it supports a determination that he was improperly discharged. We note the applicant’s contention that he should have received a medical discharge; however, as indicated by the BCMR Medical Consultant, the applicant’s disability was determined to exist prior to service and was not permanently aggravated by military service. We note the applicant indicates, in his rebuttal to the BCMR Medical Consultant’s advisory opinion, that he accepts the Medical Consultant’s opinion, and wishes, as an alternative, to have his record corrected to reflect a general (under honorable conditions) discharge. However, we find the discharge he received complies with the governing Air Force Instruction and we find no evidence to indicate that his separation from the Air Force was inappropriate. Additionally, we note, an uncharacterized separation is not an unfavorable reflection of military service and should not be confused with other types of separations. Rather, an uncharacterized entry level separation merely signifies the length of military service and should not be viewed negatively upon a member’s character. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00789 in Executive Session on 14 December 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-00789: Exhibit A. DD Form 149, dated 1 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, BCMR Medical Consultant, dated 22 Oct 10. Exhibit D. Letter, AFBCMR, dated 4 Nov 10. Exhibit E. Letter, Applicant, dated 18 Nov 10.