RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04025 COUNSEL: NONE HEARING DESIRED: Yes ________________________________________________________________ APPLICANT REQUESTS THAT: His discharge and reentry code (RE) be changed to allow him to reenter the Armed Services as a commissioned officer. ________________________________________________________________ APPLICANT CONTENDS THAT: His medical retirement and his RE code are in error and unjust. He has been deemed healthy by two physicians. Furthermore, he has no heart issues, for which he was medically retired. He did not want to leave military service and had an outstanding service record since basic training and would like to serve his country again. During his time in the Air Force, he considered making a career out of the military; that feeling has become stronger over time. He has met all the standards for selection. He has always been a leader, from leading his section of the band to being the captain of various sports teams. He wants to lead the men and women of the United States. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and several medical opinions. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served from 3 January 2006 through 21 March 2007. He was referred to an Informal Physical Evaluation Board (IPEB) for Post Orthostatic Tachycardia Syndrome. The IPEB recommended the applicant be permanently retired with a disability rating of 30 percent in accordance with Department of Defense and Veterans Administrative Schedule for Rating Disabilities guidelines. On 1 February 2007, the Secretary of the Air Force approved the recommendation and directed the applicant be medically retired under the provisions of Title 10 USC 1201. The applicant was medically retired effective 22 March 2007 with an RE code of 2Q (approved medical retirement or separation). He served 1 year, 2 months and 19 days on active duty. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial. DPSD states the preponderance of evidence reflects no error or injustice occurred during the disability process. The complete DPSD evaluation is at Exhibit C. AFPC/DPSOA recommends denial. DPSOA validated the applicant’s permanent disability retirement processing. They also confirmed RE code 2Q is correct per AFI 36-2606, Reenlistment in the United States Air Force, based on his disability discharge. The complete DPSOA evaluation is at Exhibit D. The BCMR Medical Consultant recommends approval. The BCMR Medical Consultant opines the applicant may have been fluid depleted, as suggested in one of the post service evaluations, during the periods of dizziness and reported syncopal episodes. Sudden changes in posture, standing or rising to an erect position after a long period of lying in a fluid depleted state could produce the symptoms described in the applicant’s case. This does not explain why the applicant presented daily episodes of shortness of breath with any sort of exertion. However, the fact that he passed his exercise treadmill test, with roughly 10 minutes of sustained exertion, rules out exercise induced asthma. Based on the medical evidence presented, the applicant no longer exhibits the medical impairment that resulted in his separation. Therefore, the medical consultant recommends changing the RE code to one which allows the applicant to re-apply for service entry. Changing the RE code does not guarantee acceptance into the military system as he will require clearance by the Military Entrance Processing Station. The complete BCMR Medical Consultant evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submitted copies of his VA medical examination which proves he is not disabled. He is also not concerned with the potential loss of his VA medical benefits or his disability payments should the Board favorably consider his request. He has two jobs and can easily acquire medical coverage. The applicant’s complete response is at Exhibit F. ________________________________________________________________ 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 in the actions taken to medically retire the applicant. However, the BCMR Medical Consultant opines that based on the medical evidence provided by the applicant in his appeal, it could be an injustice to deny the applicant the opportunity to seek reentry into active military service if indeed his unfitting condition has resolved and he is found fit. We note the BCMR Medical Consultant recommends amending the applicant’s record to reflect the applicant experienced recurrent syncope and near syncopal episodes of an inclusive cause, that has resolved and that the applicant does not currently exhibit the symptoms of Postural Orthostatic Tachycardia Syndrome based on the test results disputing the diagnosis. We are not persuaded that this correction should be made. Also, in recognizing that the applicant’s actions to reenter military service if successful will more likely than not result in a loss of the current benefits he enjoys, we are somewhat reluctant to grant any of the relief sought. Nevertheless, based on the applicant’s explicitly stated understanding of the risks associated with his action and his expressed willingness to forego the benefits of his current status and the recommendation of the BCMR Medical Consultant that the applicant should at least be provided the opportunity to seek reentry into military service, we recommend the applicant’s record be corrected as indicated below. We are also guided by the fact that our action in no way guarantees the applicant will be successful in his effort to reenter military service and it will be the applicant’s burden to provide the necessary medical evidence as well as meet all requirements for reentering military service. Therefore, we recommend the applicant’s records be corrected to the extent indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 21 March 2007, he was separated under the provisions of AFI 36- 3208, paragraph 1.2 (Secretarial Authority) with a separation code of JFF and a reenlistment eligibility (RE) code of 3K. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-04025 in Executive Session on 26 May 2011 and again on 25 August 2011, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, 19 Oct 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, 9 Dec 10. Exhibit D. Letter, AFPC/DPSOA, 20 Jan 11. Exhibit E. Letter, SAF/MRBR, 8 Apr 11. Exhibit F. Letter, Applicant’s Response, 16 May 11. Exhibit G. Letter, BCMR Medical Consultant, 27 Jul 11. Exhibit F. Letter, SAF/MRBC, 28 July 11. Exhibit I. E-mail, Applicant’s Response, 9 Aug 11.