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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