RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-01376 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His narrative reason for separation of “Erroneous Enlistment” be corrected to “Medical discharge for physical disability.” APPLICANT CONTENDS THAT: He had all waivers approved prior to his enlistment. His narrative reason for separation should be “medical discharge for physical disability” since he was injured while in training. He is currently receiving disability for his injuries from the Department of Veterans Affairs (DVA). The DVA is limiting his funding for school attendance until his narrative reason for separation is changed. He should not have been discharged. All he wants are his benefits for school which he paid for and earned. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 22 August 2006, the applicant entered a period of active duty and was discharged on 24 October 2006, with an Entry Level Separation (ELS), uncharacterized character of service and narrative reason for separation of “failed medical/physical procurement standards.” On 2 April 2013 the applicant entered this period of active duty. On 9 December 2013, the applicant’s commander notified him he was recommending he be discharged from the Air Force for erroneous enlistment in accordance with AFI 36-3208, Administrative Separation of Airmen. The reason for the discharge recommendation was that on 23 July 2013, the applicant was diagnosed with Rhabdomyolysis, the breakdown of muscle fibers that causes release of myoglobin in the bloodstream which can cause kidney damage. Additionally, on 30 July 2013, the applicant was diagnosed for a second time with Chiari Malformation, Type I, a rare genetic disorder. The applicant was previously diagnosed with Chiari Malformation, Type I, in 2006 during Basic Military Training and was released from the Air Force for failure to disclose the condition. On 1 August 2013, the AETC/SG denied the applicant’s waiver for his conditions of Chiari Malformation, Type I and Rhabdomyolysis. As a result, he was removed from the Combat Control Section Course. The applicant was advised of his right to consult counsel and submit statements in his own behalf. On 11 December 2013, the applicant acknowledged the discharge recommendation, consulted legal counsel and declined to submit statements in his own behalf. On 19 December 2013, the discharge authority approved the recommendation the applicant be discharged. In a letter dated 20 December 2013, the staff judge advocate found the discharge recommendation legally sufficient. On 20 December 2013, the applicant was honorably discharged with a narrative reason for separation of “Erroneous Entry” and Reentry Code “2C.” He served eight months and 19 days on active duty this period. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and E. AIR FORCE EVALUATION: AFPC/DPSOR-SEP recommends denial. Medical authorities concluded that the applicant had two pre-existing conditions that precluded him from remaining in the Air Force without a waiver. Since the AETC/SG disapproved granting a waiver for either of these conditions, he was separated from the Air Force. This falls under the criteria in AFI 36-3208 under the category of Erroneous Enlistment. Therefore, the Separation Program Designation (SPD) code and narrative reason for separation are correct as indicated on the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty. The honorable service characterization of the DD Form 214 is also correct and in accordance with DOD and Air Force instructions. A complete copy of the AFPC/DPSOR-SEP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 14 September 2015 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommends changing the applicant’s narrative reason for separation from “Erroneous Enlistment” to “Medical Disqualification.” While history of Rhabdomyolysis is listed in DODI 6130.03, Medical Standards for Appointment, Enlistment or Induction in the Military Service, as disqualifying for service entry and would have precluded service entry, in this case the applicant had already entered military service before the Rhabdomyolysis occurred and thus his entry was not erroneous due to this condition. The evidence indicates that the Air Force or the Military Entrance Processing Station (MEPS) should have known that the applicant had been disqualified during a period of previous period of service in 2006 due to his developmental Chiari malformation. Although initially issued a waiver, the military department had the authority to revoke the waiver when it was determined the condition represented a risk per DODI 1332.18, Disability Evaluation System. However, since the applicant’s service-incurred Rhabdomyolysis appears to be the predominant reason for his release from the second period of service, after being dropped from a training class, the BCMR Consultant opines characterizing the discharge as an “Erroneous Entry” is not entirely accurate, although its application was consistent with options in AFI 36-3208, particularly in the context of coupling the discharge with his co-morbid pre-existing Chiari malformation, which was previously waived. For this reason, the Medical Consultant recommends granting the applicant relief that he was discharged due to a “Medical Disqualification” resulting from a condition that did not exist prior to his second enlistment period, notwithstanding the fact that coupling it with the pre-existing condition of Chiari malformation likely limited the administration options under AFI 36-3208. The applicant’s case file contains two copies of his completed DD Form 2808, Report of Medical Examination, one which is hand- dated “20120510” and on the face of one document is the AETC Surgeon’s stamp finding the applicant “Medically Qualified” for general military service with the hand-written comment, “History of Headaches, Resolved” and the applicant was allowed to enter the second period of service on 2 April 2013 with an apparent waiver. However, a training document, Record of Administrative Training Action, shows he was disenrolled from the combat control course for the “root cause of an injury that limited his continuation in the course on 11 June 2013.” A medical electronic note, dated 23 July 2013, shows an appointment was made for the purpose of requesting an AETC waiver for retention. In the margin of the entry is a listing of the applicant’s medical issues, which included myalgia and myositis, sinusitis, headache syndrome and fainting. The medical provider entered, “He had been medically disqualified for all Flying Class II/GBC by HQ AETC/SGPS dated 22 July 2013 due to history of disorders of muscles, ligament and fascia. Therefore he will no longer be able to continue with PJ indoctrination training.” The provider also documented the applicant would require a waiver for Rhabdomyolysis before he could be considered for retention and reclassification. The provider also documented the applicant understood there was no guarantee he would receive an approved AETC waiver. On 30 July 2013, a medical document was issued recommending the applicant be processed for administrative separation in lieu of a medical evaluation board due to the diagnosis of Chiari Malformation I. It noted the applicant was asymptomatic and that he had a medical clearance from a neurology work-up in 2006 and the provider recommended retention. This episode of care did not consider the co-existence of the applicant’s Rhabdomyolysis, which the BCMR Medical Consultant believes was the primary reason his service was terminated the second time. Consequently, a near identical copy of the applicant’s DD Form 2808 initiated on 10 May 2012 now includes a stamp of the HQ AETC/SG dated 1 August 2013 finding the applicant medically disqualified for both Chiari I Malformation and Rhabdomyolysis. On 7 August 2013, the applicant attended a follow-up appointment on the status of his waiver request and was notified the waiver was denied. It was not until December 2013 the administrative discharge was put into action. The notification memorandum discloses an accurate historical account of events and the risks of kidney damage with Rhabdomyolysis and risk for recurrent headaches related to Chiari malformation. A complete copy of the BCMR Medical Consultant’s evaluation is at Exhibit E. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the BCMR Medical Consultant’s evaluation was forwarded to the applicant on 8 January 2016 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. 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. While we note the BCMR Medical Consultant recommends the Board consider changing the applicant’s narrative reason for separation from “Erroneous Enlistment” to “Medical Disqualification,” we find no evidence of an error or injustice in the processing of the applicant’s discharge. Furthermore, the preponderance of the evidence substantiates the applicant had a pre-existing medical condition which required a waiver in accordance with DODI 1332.18, Disability Evaluation Systems, and the waiver was disapproved by the AETC/SG. Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2015-01376 in Executive Session on 5 April 2016 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01376 was considered: Exhibit A. DD Form 149, dated 9 April 2015, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR-SEP, dated 15 April 2015. Exhibit D. Letter, SAF/MRBR, dated 14 September 2015. Exhibit E. Memorandum, BCMR Medical Consultant, dated 8 January 2016.