RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01757
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214 (Certificate of Release or Discharge from Active
Duty), Block 28, Narrative Reason for Separation, be changed from
“Erroneous Enlistment.”
___________________________________________________________________
APPLICANT CONTENDS THAT:
He had no prior diagnosis for asthma by competent medical authority
prior to enlistment.
In support of the his appeal, applicant provided a statement from a
physician.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 21 August 2001, in
the grade of airman basic (AB/E-1).
On 6 Dec 01, the squadron commander initiated administrative
discharge action against the applicant for erroneous enlistment.
The reason for the proposed action was that he received a
Chronological Record of Medical Care, dated 26 Nov 01, that found
the applicant was diagnosed with asthma which did not exist prior
to enlistment. The diagnosis did not meet retention standards for
continued military service and applicant’s ability to function in
the military was significantly impaired. 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. On 10 Dec 01, the staff judge
advocate found the case to be legally sufficient, and the discharge
authority approved the entry-level separation with service
uncharacterized.
The applicant received an uncharacterized entry-level separation on
18 Dec 2001, by reason of “Erroneous Enlistment.” He was credited
with 3 months and 28 days of active duty service.
___________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant reviewed this application and
recommended denial. The applicant developed recurrent problems
with shortness of breath and chest tightness diagnosed as asthma
while in security forces training. His medical records reveal that
he experienced recurrent “minor cold symptoms” beginning in early
fall 2001. He was seen twice with complaints of shortness of
breath, chest pains and chest tightness. He was referred to the
Allergy Clinic where he was found to have a positive histamine
bronchoprovocation test on 26 Nov 01 (36% fall in the FEV1 with
significant improvement with administration of a bronchodilator
medication). The histamine bronchoprovocation test is performed by
administering nebulized histamine inhaled at increasing doses with
pulmonary function measurements with each dose. As a result of the
histamine challenge test and the allergist’s diagnosis, the
applicant underwent entry-level separation. He denied any history
of asthma prior to entering active duty.
Medical standards for enlistment (and for continued service)
indicate that “asthma, including reactive airway disease, exercise
induced bronchospasm or asthmatic bronchitis, reliably diagnosed at
any age,” is disqualifying (AFI 48-123, Atch. 3, 3.12.4.). Thus
the medical standards are broader than a defined diagnosis of
asthma and include reactive airways that may not meet strict
criteria for the diagnosis of asthma. The Air Force as a matter of
policy and practice, accepts a positive bronchoprovocation test
when performed in subjects with symptoms suspected to be asthma or
reactive airways disease as disqualifying.
Erroneous enlistment is an enlistment that would not have occurred
if the service had known about the applicant’s condition prior to
enlistment and the applicant did not intentionally conceal his
condition. Fraudulent enlistment is when the condition is
intentionally concealed. There is no evidence that the applicant
concealed any medical history of reactive airway disease. There is
also no pre-service medical information available to assess if
there was any evidence of reactive airways disease. Action and
disposition in this case are proper and equitable reflecting
compliance with Air Force directives that implement the law.
A complete copy of the evaluation is at Exhibit C.
HQ AFPC/DPPRS 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 20 Sep 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. The applicant's
complete submission was thoroughly reviewed and his contentions
were duly noted; however, we agree with the opinions and
recommendations 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. The
evidence of record reflects that the applicant received an entry-
level separation for erroneous enlistment based on a diagnosis of
asthma, to include reactive airway disease. We find no evidence
which would lead us to believe that his separation was improper or
contrary to the governing directive under which it was effected.
Accordingly, 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 AFBCMR Docket Number
02-01757 in Executive Session on 4 February 2003, under the
provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. John B. Hennessey, Member
Ms. Martha Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 May 02, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 19 Aug 02.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 11 Sep 02.
Exhibit E. Letter, SAF/MRBR, dated 20 Sep 02.
JOSEPH G. DIAMOND
Panel Chair
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