ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02784-2 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) code of 2Q, which denotes “Personnel medically retired or discharged,” be changed to RE-1 {sic}, so he may reenter into the military, or in the alternative, his RE code be changed to 3K, which denotes “Reserved for use by AFPC or the Air Force Board for Corrections of Military Records.” _________________________________________________________________ APPLICANT CONTENDS THAT: On 19 Mar 13, the Board considered and denied a similar appeal. For a full accounting of the facts surrounding his previous request and the rationale of the Board’s earlier decision, see the Record of Proceedings at Exhibit F. By undated letter, the applicant submitted a request for reconsideration. In this request, the applicant provides two letters; one from his primary care physician and another from a neurologist. His primary care physician states that the applicant has been under his care since Jun 00, and at no time did he suffer a seizure. The applicant’s neurologist states that the applicant has been seizure free and off medication for a number of years. He also states that his neurologic exam and electroencephalogram (EEG) were both normal and it would be reasonable for the applicant to return to the military. By undated letter, the applicant also provides a copy of his sleep-deprived EEG and neurology exam. The applicant’s complete submission, with attachments, is at Exhibits G-H. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends approval. The Medical Consultant states that the applicant had a single seizure several years ago and has not been on any anti-seizure medication since that initial occurrence, which resulted in his release from military service. Department of Defense (DoD) allows for entry to military service for individuals with a history of a seizure after the sixth birthday, under certain circumstances 1) Seizure-free for five years while taking no medication for seizure control, 2) a normal sleep-deprived EEG, and 3) a normal neurological evaluation. The applicant provided evidence of a normal neurological evaluation and an actual sleep-deprived EEG report from a study conducted on or about 26 Apr 13. The final interpretation by Doctor G--- states “This is a normal EEG in an awake and drowsy adult. Please be aware that a normal EEG does not exclude the possibility of an underlying seizure disorder.” Based upon the evidence of record, the Medical Consultant found no error or injustice in the applicant’s involuntary release from military service. However, in view of meeting the qualifying criteria for service reentry, the Medical Consultant opines consideration be made for changing the applicant’s RE code to allow application for service reentry. The applicant is reminded that the previous personnel action found his condition Existed Prior to Service (EPTS). Consequently, if later found to be recurrent prior to achieving eight years of active service or sooner without evidence of permanent service aggravation he, again, would be vulnerable for discharge for an EPTS condition without eligibility for military disability compensation. Lastly, the applicant is advised that the mere history of a seizure may yet require review by an Air Force waiver authority before final acceptance into military service. The complete BCMR Medical Consultant evaluation is at Exhibit I. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 Oct 13, for review and comment within 30 days (Exhibit J). As of this date, this office has not received a response. _________________________________________________________________ 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. After careful consideration of all the facts and circumstances of the applicant’s case, along with the additional medical documentation, we believe that relief is warranted. In this respect, we note that the previous Board noted that the applicant had not provided information to show that he met all the criteria reflected in DoDI 6130.03, Medical Standards for Appointment, Enlistment, or Induction in the Military Services for reentry. The applicant has since provided the requested information and the BCMR Medical Consultant recommends changing his RE code to one that renders his eligible to apply for re- entering military service. Therefore, we agree with the BCMR Medical Consultant’s assessment of this case, and believe the interest of justice is best served by changing his reentry code to 3K which is a code that can be waived for prior service enlistment. Our recommendation in no way guarantees that he will be successful in his quest to return to military service; but, will simply allow him the opportunity to apply for a waiver to join the branch of the service he chooses. He will still have to meet the stringent physical requirements and qualify for enlistment and/or commissioning in the service to which he has applied. Therefore, we recommend his records be corrected to as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 25 May 2006, he was discharged with a Reentry (RE) code of 3K. _________________________________________________________________ The following members of the Board considered Docket Number BC-2012-02784-2 in Executive Session on 5 Dec 13, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the record, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-02784-2 was considered: Exhibit F. Record of Proceedings, dated 5 Apr 13, w/atch. Exhibit G. Letter, Applicant, undated, w/atchs. Exhibit H. Letter, Applicant, undated, w/atchs. Exhibit I. Letter, BCMR Medical Consultant, dated 8 Oct 13. Exhibit J. Letter, SAF/MRBC, dated 9 Oct 13.