RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01173 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her reentry (RE) code of 2Q (personnel medically retired or discharged) be changed to allow her reentry into military service. _________________________________________________________________ APPLICANT CONTENDS THAT: She has medical documentation which proves she does not have asthma. In support of her request, the applicant provides a personal statement, copies of her DD Form 214, Certificate of Release or Discharge from Active Duty, a newspaper article, extracts from her medical records, and her Department of Veterans Affairs (DVA) rating decision letters. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 14 May 02, the applicant entered the Regular Air Force. Records reveal that on 8 Jan 04, the applicant was referred to the Informal Physical Evaluation Board (IPEB) for asthma. The IPEB determined the applicant’s asthma existed prior to service (EPTS) and recommended Discharge Under Other Than Chapter 61, Title 10, United States Code. The IPEB noted, “member had symptoms during Basic Military Training; therefore, the Board opines that the 180-day rule applies.” On 26 Jan 04, the applicant non-concurred with the findings of the IPEB and requested a formal hearing with counsel before the Formal Physical Evaluation Board (FPEB). On 22 Mar 04, the FPEB concurred with the findings and recommendation of the IPEB and recommended Discharge Under Other Than Chapter 61, Title 10, United States Code, for asthma which existed prior to service. The FPEB noted, “member continued to experience increasingly frequent episodes of shortness of breath and labored breathing in Technical School after being treated for Pneumonia, which continued at her first duty assignment. The Board opines that the member’s shortness of breath and labored breathing were indications of asthma, which occurred within 180-days of active service.” The applicant non-concurred with the findings of the FPEB and elected not to submit written matters to the Secretary of the Air Force for review. On 31 Mar 04, the Office of the Secretary of the Air Force determined the applicant was physically unfit for continued military service due to a physical disability which existed prior to service and directed the applicant’s discharge. On 28 May 04, the applicant was separated with an honorable discharge with the narrative reason for separation of “Disability Existed Prior to Service – PEB,” and with the RE code of 2Q. She is credited with 2 years and 15 days of active service. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. He states he does not wish to deprive the applicant of re-entering military service, but finds the evidence supplied insufficient to show an error or injustice that warrants the desired change of the record. The complete BCMR Medical Consultant’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the BCMR Medical Consultant’s evaluation was forwarded to the applicant on 17 Nov 10 for review and comment within 30 days (Exhibit D). 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. 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; however, we agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his 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 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 Docket Number BC-2010-01173 in Executive Session on 25 January 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Mar 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, BCMR Medical Consultant, dated 1 Nov 10. Exhibit D. Letter, AFBCMR, dated 17 Nov 10. Panel Chair