I was medically seperated for mild asthma 4 years ago Even though I past all the tests given to me acording to the standards of the airforce I read all the AFI's I appealed right after the boards decision but was denied. I appealed cause I wanted to stay in the AirForce. I guess I wanna change my RE-4 code and see if i can get back in. I was grossly misdiagnosed with asthma and was booted out unwillingly. Heres what I was thinking. I want to get a Lawyer. All my test for asthma were passed acording to the AirForce fitness standards. The doctor that diagnosed me was an army doctor, they have different standards then the airforce. When I say tests I mean pt test, asthma tests,pulmanary function tests were passed FEV was all good all that. Had a commanders letter that was very positive for me, had my NCO at my hearing with me, had 2 of the 3 doctors on the board said that I was fit for duty 1 doctor said no. Had civilian test done on my own after there decision, I was never given an option for a civilian docs opinion and I passed all those. As far as new information when I was looking at my records I noted that the information gathered with the PEBLO has a time limit i think its 90 days if it goes over they need to form a new package and do more test I think. my package was submitted late but they still pushed it thru with out any new info. I want to know what options do I have and were do I start?
CHANGING MY SEPERATION RE CODE/APPEALING TO THE BMCR
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Jason Perry
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How much time did you have left on your enlistment when you were separated? I tend to think you may want to consider a wrongful discharge claim in Court of Federal Claims. However, you would also have the option of going to BCMR. I think it makes sense to have a lawyer knowledgeable in these types of claims would be helpful. It sounds like you are well informed; however, the thing that makes the stakes high is that the courts require you to raise all issues that you want to raise in court with the BCMR should you choose to go to the BCMR before going to court.
One thing that makes me think you want to consider court first, instead of direct appeal to BCMR, is that there is a six year statute of limitations for getting to court. This time is not tolled by other appeals. Of course, it is not unusual to get a remand from the court to the BCMR. The advantage of this is that if you have an attorney, on remand to BCMR, all of the time spent may be applied to an award for attorney's fees should you prevail on your claim.
One thing that makes me think you want to consider court first, instead of direct appeal to BCMR, is that there is a six year statute of limitations for getting to court. This time is not tolled by other appeals. Of course, it is not unusual to get a remand from the court to the BCMR. The advantage of this is that if you have an attorney, on remand to BCMR, all of the time spent may be applied to an award for attorney's fees should you prevail on your claim.