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AF | BCMR | CY2002 | 0103613
Original file (0103613.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-03613
                       INDEX CODE:  110.00
      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be  changed  to  allow  him  to
reenlist in the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, states the  applicant  was  into
his second week of basic training when he  was  seen  for  respiratory
problems which revealed the applicant had been receiving treatment for
asthma since the age of 11.  The applicant's records clearly  indicate
that he intentionally failed to notify recruiters of  his  preexisting
medical condition to gain entry into the Air Force.  He was  separated
based on his preexisting asthma.  The reenlistment code  reflects  the
uncharacterized entry-level separation he received.

A complete copy of the Medical Consultant’s evaluation is attached  at
Exhibit C.

AFPC/DPPRS   states   Air   Force   policy   is    that    entry-level
separations/uncharacterized service  characterizations  are  given  to
service  members  who  have  not  completed  more  than  180  days  of
continuous active service.  The Department of Defense (DOD) determined
if a service member served less than 180 days of active service,  that
it would be unfair to the member to  characterize  that  service.  The
applicant served 31 days of service.  He was separated for  fraudulent
entry because he withheld information regarding his  health  from  the
recruiter.  The applicant's discharge was processed in accordance with
DOD and Air Force procedural and substantive requirements.  Therefore,
based on the evidence provided they recommend  denying  the  requested
relief.

A complete copy of the evaluation is attached at Exhibit D.

AFPC/DPPAE  states  the  RE  code  the  applicant  received   is   the
appropriate code for those members separated  "involuntarily  with  an
honorable   discharge   or   an   entry-level    separation    without
characterization of service (Exhibit E).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he did not stand  up  for  himself  when  he  had
problems in basic training and allowed himself to be led to  what  was
not a proper conclusion.  In support  of  his  request  the  applicant
submitted a letter of support from his father and a  letter  from  his
doctor stating that he does not have asthma.

Applicant's response, with attachments, 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.  After careful  consideration  of
the circumstances of this  case  and  the  evidence  provided  by  the
applicant, we are not persuaded  his  request  to  have  the  RE  code
changed is warranted.   The  applicant  was  involuntarily  separated,
because he failed to notify  recruiters  of  his  preexisting  medical
condition.  The applicant was
separated in accordance DOD and Air Force  policy  for  those  service
members who have served less than 180 days  of  active  duty  service.
Applicant’s contentions are duly noted; however,  we  agree  with  the
opinion and recommendation of the Air Force and adopt their  rationale
as the basis for our conclusion that the applicant has  not  been  the
victim of an  error  or  injustice.   Therefore,  in  the  absence  of
evidence to the contrary, we find no  compelling  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  01-
03613 in Executive Session on 16 July 2002, under the  provisions  of
AFI 36-2603:

                       Ms. Peggy E. Gorgon, Panel Chair
                       Mr. James E. Short, Member
                       Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 Dec 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated 23 Jan 02.
   Exhibit D.  Letter, AFPC/DPPRS, dated 25 Feb 02.
   Exhibit E.  Letter, AFPC/DPPAE, dated 29 May 02.
   Exhibit F.  Letter, SAF/MRBR, dated 7 Jun 02.
   Exhibit G.  Applicant's Response, dated 1 Jul 02.




                                     PEGGY E. GORDON
                                     Panel Chair

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