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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