RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00438
INDEX CODE 110.02 108.01
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His entry-level separation be upgraded to an honorable discharge
under medical conditions.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was in good health upon entering the service. His asthma was
diagnosed within the first week of basic training and he feels that
it should have been a medical discharge under honorable conditions.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 18 December 2001, in
the grade of airman basic (AB/E-1).
On 22 Jan 02, the squadron commander initiated administrative
discharge action against the applicant for erroneous enlistment.
The reason for the proposed action was that he received a medical
narrative summary, dated 14 Jan 02, that found the applicant did
not meet minimum medical standards to enlist. The applicant should
not have been allowed to enlist in the Air Force with asthma. He
did not qualify for a disability separation. The commander
recommended that the applicant be given an entry-level separation.
On that same date, applicant acknowledged receipt of the discharge
notification. He waived his right to consult counsel and to submit
statements in his own behalf. He also acknowledged his
understanding of the reasons for his discharge, and that he would
not be entitled to any disability, retirement, or severance pay.
On 23 Jan 02, the discharge authority approved the entry-level
separation with service uncharacterized.
Other 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 at Exhibit C.
___________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant reviewed this application and
recommended denial. The applicant developed asthma within the
first two weeks of basic training and did not complete basic
training. During the medical evaluation it was determined that the
symptoms of asthma had existed prior to service, but he apparently
was never seen or treated by a physician for those symptoms. He
denied any history of symptoms of asthma in his entry medical
examination. Entry level separation for erroneous enlistment and
failure to meet physical standards for enlistment was appropriate.
An entry-level separation is given only when the person is in his
or her first 180 days of continuous active military service or the
first 180 days of continuous active military service after a break
of more than 92 days of active service. It does not attempt to
characterize the type of service as either good or bad, although it
is not the only type of service a person can receive. Action and
disposition in this case are proper and reflect compliance with Air
Force directives that implement the law.
A complete copy of the evaluation is at Exhibit C.
HQ AFPC/DPPRS also reviewed and recommended denial. They found
that the discharge was consistent with the procedural and
substantive requirements of the discharge regulation.
Additionally, that the discharge was within the sound discretion of
the discharge authority. They also noted that airmen are given
entry-level separation/uncharacterized service characterization
when separation is initiated in the first 180 days of continuous
active service. The Department of Defense (DOD) determined if a
member served less than 180 days continuous service, it would be
unfair to the member and the service to characterize their limited
service. Therefore, his uncharacterized service is correct and in
accordance with DOD and Air Force instructions. They further
stated that an entry-level separation should not be viewed as
negative or less than honorable and should not be confused with
other types of separation.
A complete copy of the evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 24 May 02 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit E).
___________________________________________________________________
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. 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
Air Force offices of primary responsibility 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 this application
AFBCMR Docket Number 02-00438 in Executive Session on 11 July 2002,
under the provisions of AFI 36-2603:
Mr. Lawrence R. Leehy, Panel Chair
Ms. Diane Arnold, Member
Mr. E. David Hoard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Feb 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 25 Apr 02.
Exhibit D. Letter, AFPC/DPPRS, dated 16 May 02.
Exhibit E. Letter, SAF/MRBR, dated 24 May 02, w/atchs.
LAWRENCE R. LEEHY
Panel Chair
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