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AF | BCMR | CY2003 | BC-2002-02134
Original file (BC-2002-02134.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02134
            INDEX CODE:  100.03

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her uncharacterized entry-level separation  for  fraudulent  entry  be
changed to a medical discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was never diagnosed with asthma prior to her enlistment.  She  was
not aware she had asthma until she  was  in  Basic  Military  Training
(BMT).

Her appeal, which includes extracts from her civilian medical records,
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted her enlistment in the Regular Air Force on 28
May 2002.  On 11 June 2002, she was diagnosed with asthma.   Applicant
submitted a statement on 18 June 2002 where she admitted  that,  prior
to enlisting, she had been told by a doctor that she had  suffered  an
asthma attack but was told not  to  worry  about  it  and  no  further
testing was  done  to  confirm  the  doctor’s  findings.   Applicant’s
statement also mentions her purchase of an  inhaler  after  the  first
attack just to be safe.  Applicant states that she  never  needed  the
inhaler and did not suffer another attack until the present time.

On 24 June 2002, the applicant  received  notification  that  she  was
being  recommended  for  discharge  due  to  defective  enlistment   -
fraudulent entry.  The reason for the proposed discharge was that  she
had intentionally concealed a preexisting medical condition, which  if
revealed,  could  have  resulted  in  rejection  of  her   enlistment.
Applicant was afforded military legal counsel and the  opportunity  to
submit statements on her behalf.  She waived both.  37TRW/JA  provided
a  legal  review  finding  the  separation  legally   sufficient   and
recommended the applicant be separated with an entry-level separation.
 Applicant received an uncharacterized entry-level  separation  on  25
June 2002, under the provisions of AFI 36-3208 (Defective Enlistments,
Discharge for Fraudulent Entry).  She had completed 27 days of service
and was serving in the grade  of  Airman  (AMN/E-2)  at  the  time  of
discharge.  She received a Reenlistment (RE) code of 2C, which defined
means “Involuntary separation with honorable discharge; or entry-level
separation without characterization of service.”

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant states that action and disposition in this
case  were  correct  and  equitable.   He  affirms  that   asthma   is
disqualifying for entry into the military service, and a diagnosis  so
soon after enlistment is consistent with a preexisting condition.   He
states that no change in the record is warranted.  (Exhibit C)

HQ AFPC/DPPRS recommends  denial.   DPPRS  notes  that  the  applicant
denied any history of breathing problems related to exercise, weather,
pollens, etc., and denied ever having  been  prescribed  or  using  an
inhaler on DD Form 2807, Report  of  Medical  History,  prior  to  her
enlistment.  DPPRS defends the fraudulent enlistment as an  enlistment
where a medical condition is intentionally concealed.   DPPRS  concurs
with the BCMR Medical Consultant  and  recommends  no  change  to  the
applicant’s record.  (Exhibit D)

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
21 February 2003 for review and comment within 30 days.   As  of  this
date, there has been no response 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.  After a thorough review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that her uncorroborated assertions, in and by themselves, sufficiently
persuasive to override  the  rationale  provided  by  the  Air  Force.
Therefore, we agree with the opinion and  recommendation  of  the  Air
Force  office  of  primary  responsibility  and  adopt  the  rationale
expressed as the basis for our decision that the applicant has  failed
to sustain her burden of having suffered either an error or injustice.
  The  preponderance  of  evidence  reflects   probable   pre-existing
respiratory problems that, had they been known,  the  applicant  would
not have been accepted  into  military  service.   Therefore,  in  the
absence of persuasive evidence to the contrary, we find no  compelling
basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 BC-
2002-02134 in Executive Session on 1 April 2003, under the  provisions
of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. Vaughn E. Schlunz, Member
      Ms. Patricia D. Vestal, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 10 Jan 03.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 10 Feb 03.
    Exhibit E.  Letter, SAF/MRBR, dated 21 Feb 03.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair


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