AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
4
DOCKET NO: 96-02327
COUNSEL: NONE
HEARING DESIRED: NO
Applicant requests that his narrative reason for separation be
changed. Applicant's submission is at Exhibit A.
The appropriate Air Force offices evaluated applicant's request
and provided advisory opinions to the Board recommending the
application be denied (Exhibit C). The advisory opinions were
forwarded to the applicant for review and response (Exhibit D) .
As of this date, no response has been received by this office.
After careful consideration of applicant's request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The facts and
opinions stated in the advisory opinions appear to be based on
the evidence of record and have not been rebutted by applicant.
Absent persuasive evidence applicant was denied rights to which
entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to
disturb the existing record.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
Members of the Board Mr. Wayne R. Gracie, Mr. Michael P. Higgins,
and Mr. Kenneth L. Reinertson considered this application on
30 September 1997 in accordance with the provisions of Air Force
Instruction 36-2603, and the governing
statute, 10, U.S.C. 1552.
WAYNE R. GR#CIE
Panel Chairman
Exhibits :
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinions
D. SAF/MIBR Ltr Forwarding Advisory Opinions
4
b
16 Apr 97
9602327
MEMORANDUM FOR AFBCMR
FROM: BCMR Medical Consultant
1535 Command Drive, EE Wing, 3rd Floor
Andrews AFB MD 20762-7002
SUBJECT: Application for Correction of Military Records -
!
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Applicant's entire case file has been reviewed and is forwarded with the following
findings, conclusions and recommendations.
REQUESTED ACTION: The applicant received an entry level separation under the
provisions of AFI 36-3208 (Fraudulant Entry) on 16 Jul 96 after 4 months, 11 days on active
duty. He applies for record correction to reflect a different reason for his separation.
FACTS: The records indicate the applicant was found unfit and separated because of
asthma which condition was not reported at time of his induction physical examination, but
which later was brought out when he was seen for symptoms in the emergency room at
Wilford Hall. Because of a history of childhood asthma which was not revealed at initial
processing, and obviously a preexisting condition, his reason for separation was appropriate.
Action and disposition in this case are proper and reflect compliance with Air Force directives
which implement the law.
DISCUSSION: Separation for a preexisting condition not made known at initial
processing makes this a fraudulant enlistment and medical board recommendations are
valid. Administrative separation under these circumstances is appropriate as occurred and
changing the reason for separation is not indicated. As a preexisting condition it is not
compensable under rules of AFI 36-3212.
RECOMMENDATION: The Medical Consultant is of the opinion that no change in the
records is warranted and the application should be denied.
FREDERICK W. HORNICK, Col., USAF, MC, FS
Chief, Medical Consultant, BCMR
Medical Advisor SAF Personnel Council
D E P A R T M E N T OF T H E A I R F O R C E
,
-
H E A D Q U A R T E R S A I R F O R C E P E R S O N N E L C E N T E R
R A N D O L P H A I R F O R C E B A S E T E X A S
MEMORANDUM FOR AFBCMR
.
FROM: HQ AFPCDPPRP
550 C Street West Ste 11
Randolph AFB TX 78 150-471 3
SUBJECT: Application for Correction of Military Records -
U.S. AIR FORCE
1 9 4 7 - 1 9 9 7
51,
The applicant, while serving in the grade of airman, was sepsirated from the Air Force 16 Jul
96 under the provisions of AFI 36-3208 (Entry Level Separation-Fraudulent Entry) with an
uncharacterized discharge. He served 04 months and 11 days total active service.
Requested Act ion. The applicant is requesting a change in his DD Form 214 reason for
separation to a different class.
f
Basis for Request. Applicant states that he believes that his discharge was in error or unjust
because his medical condition was undetermined prior to his enlistment. The advisory provided
by the SAFPC Medical Consultant dated 16 Apr 97 gives information concerning applicant’s
medical condition. This advisory addresses only the discharge processing in the case.
Facts. The applicant was notified by his commander on 24 Jun 96 that discharge action had
been initiated against him for fraudulent entry into the Air Force. That if the discharge was
approved, his discharge would be described as an entry level separation and that he would be
ineligible for reenlistment in the Air Force. The commander indicated his reason(s) for taking
the discharge action was because a Medical Evaluation Board that convened at Wilford Hall
Medical Center, diagnosed him with having asthma, Class D. The board determined that the
condition existed prior to service and had not been permanently aggravated by service. He was
advised he had a right to consult counsel and the right to submit statements in his own behalf.
Applicant did not submit statements and waived his right to military counsel. The dischargccase
was reviewed by the base legal office and was found to be legally sufficient to support
separation. On 08 Jul96, the discharge authority approved the Entry Level Separation. Airmen
are given an uncharacterized service characterization when separation action is initiated against
them in the first 180 days of continuous active service, and the separation is described as entry
level separation.
Discussion. This case has been reviewed for separation processing and there are no errors or
irregularities causing an injustice to the applicant. The discharge complies with directives in
effect at the time of his discharge. The records indicate member’s military service was revl”ewed
and appropriate action was taken.
Recommenda tion, Applicant did not identify any specific errors in the discharge processing
nor provide facts which warrant a change in his reason for separation. The separation code JDA
is correct for the narrative reason for separation. Accordingly, we recommend applicant’s
request be denied. He has filed a timely request.
n
JOHN C. WOOTEN, GS-9
Military Personnel Mgmt Spec
Programs and Procedures Branch
Dir of Personnel Program Management
,
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The appropriate Air Force off ices evaluated applicant s request+ and provided advisory opinions to the Board recommending the, application be denied (Exhibit .C) . The advisory opinions were forwarded to the applicant and counsel for review and response (Exhibit D). RECOMMENDATION: The BCMR Medical Consultant is of the opinion that no change in the records is warranted and the application shpuld be denied.
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