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AF | BCMR | CY1997 | 9602327
Original file (9602327.pdf) Auto-classification: Denied
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  -

!

-

 

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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