RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2002-02663
            INDEX CODE 100.06  110.02
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The  Separation  Program  Designator  (SPD)  (narrative  reason)   and
reenlistment  eligibility  (RE)  codes  for   his   1999   entry-level
separation be changed so he can reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The recommendation for separation was not based on tests to confirm  a
diagnosis of asthma, but based on his civilian medical  record.  Those
records do not contain specialized tests such as a spirometry  or  any
of the tests mentioned in AFI 48-123.  Specialized  tests  made  after
separation by a pulmonologist indicate he does  not  have  asthma.  He
believes it appropriate to change the SPD  and  RE  codes  so  he  can
reenlist in the Air Force.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 17 Feb 99.  On  his
entry exam he indicated he did not have asthma, shortness  of  breath,
or other respiratory/allergy problems. He completed six weeks of basic
military training from 17 Feb to 2 Apr 99 with no symptoms.

A 17 May 99 narrative summary by the Reid Health  Services  Center  at
Lackland AFB, TX, indicates the applicant was seen at  the  Center  on
10 May 99 because he had some wheezing and did not know whether he had
asthma  while  he  was  in-processing.  The   applicant   denied   any
hospitalization, intubation, shortness of breath, or chest  tightness.
The applicant’s civilian records from 1992 to 1998 noted  that  on  at
least two separate occasions he had a history of bronchial asthma. The
applicant was seen in the allergy clinic on 12 May 99.  Physical  exam
was unremarkable and histamine challenge was negative.  Diagnosis  was
asthma. The applicant was seen again on 17 May 99 when the process for
administrative separation was initiated.

On 17 Jun 99, the applicant was notified of his commander’s intent  to
recommend an entry-level separation for erroneous  enlistment  due  to
asthma. The applicant waived  his  right  to  counsel  and  to  submit
statements. On 17 Jun 99, the commander recommended the applicant  for
discharge  for  erroneous  enlistment.  The  case  was  found  legally
sufficient and, on 22 Jun 99, the  discharge  authority  directed  the
applicant’s entry-level separation for erroneous enlistment.

On 1  Jul  99,  the  applicant  was  discharged  with  an  entry-level
separation, uncharacterized service, after 4 months  and  15  days  of
active service.  His  SPD  code  was  “JFW”  (Failed  medical/physical
procurement standards)  and  his  RE  code  was  “4C”  (Separated  for
concealment of juvenile records, minority, failure  to  meet  physical
standards for enlistment, or failure to attain a 9.0  reading),  which
is a waiverable code.
_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant notes the pulmonologist’s letter stating
there is no  evidence  of  asthma  and  the  normal  spirograms  (lung
function test), but that these are only pre-bronchodilator values  and
no  repeat  bronchoprovocation  testing  is  provided.   A   histamine
bronchoprovocation  test  performed  as  part   of   the   applicant’s
evaluation was reported as negative. The actual data from that test is
not available for review. A negative histamine bronchoprovocation test
is considered relatively reliable  evidence  against  a  diagnosis  of
asthma; however, it should be noted that false negative tests do occur
uncommonly in less than five percent of cases. Medical  standards  for
enlistment are broader than a defined diagnosis of asthma and  include
reactive airways that may not meet strict criteria for  the  diagnosis
of asthma.  The applicant  did  not  experience  respiratory  symptoms
while in training  or  only  mild  transient  symptoms  not  requiring
therapy. He had a history of respiratory symptoms treated with  asthma
medications and called asthma by his physician in Puerto Rico  without
documentation of the rationale for the diagnosis. Although action  and
disposition  in  this  case  are  proper  and  equitable,   there   is
insufficient evidence to support a diagnosis of asthma  and  no  clear
evidence of disqualifying reactive  airways  disease.  The  Consultant
recommends the RE code be changed to enable the applicant to apply for
reenlistment. Change of the RE code is  not  a  medical  clearance  or
waiver for respiratory symptoms or conditions that may be diagnosed at
the time of reenlistment or while on active duty.  Medical  evaluation
may   require    allergy    or    pulmonary    evaluation    including
bronchoprovocation testing.

A complete copy of the evaluation is at Exhibit C.

HQ   AFPC/DPPRS   advises   that   airmen   are   given    entry-level
separation/uncharacterized service when separation is initiated in the
first 180 days of continuous active service. The Department of Defense
(DOD) determined it would be unfair to the member and the  service  to
characterize such limited  service.  The  uncharacterized  service  is
correct and should not be construed as negative or confused with other
types of separation. Denial is recommended.

A complete copy of the evaluation is at Exhibit D.

HQ AFPC/DPPAE recommends the request to change the RE code  be  denied
because the applicant failed medical procurement standards  due  to  a
diagnosis of asthma prior to service.

A complete copy of the evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 23 May 03 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice  to  warrant   changing   the
applicant’s  RE  code.  The  available  evidence  does  not  establish
conclusively whether or not the  applicant  has  asthma.  The  medical
tests are not definitive. The  Board  does  not  possess  the  medical
expertise to determine the applicant’s condition and for  that  reason
is reluctant to award the applicant an RE  code  permitting  immediate
reenlistment. The applicant could apply for a waiver to reenlist  with
the “4C” RE code he currently has, even though  it  refers  to  failed
medical standards. RE codes from both the “4” and “3” series permit an
individual to apply for  reenlistment  and,  if  the  person  has  the
desirable skills  and  is  acceptable,  medically  or  otherwise,  the
Reserves may elect to waive the ineligibility and allow  reenlistment.
A majority of the Board was persuaded that, given the reasonable doubt
as to the accuracy of the diagnosis of asthma, the applicant’s RE code
should be  changed  to  a  more  innocuous  waiverable  code  of  “3K”
(Reserved for HQ AFPC/AFBCMR use). The Board  majority  believes  this
might facilitate an easier waiver  process.  As  for  the  applicant’s
request to change the SPD code, the majority of the Board believes the
narrative definition of failed medical standards should  remain  as  a
flag to the services until the applicant is  able  to  demonstrate  to
their satisfaction that he does not have asthma. Whether or not he  is
successful will also depend on the needs of the  service  because  the
Board’s recommendation in no way guarantees  he  will  be  allowed  to
reenter the armed services. The Board majority therefore concludes the
applicant’s records should be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that, in conjunction  with
his  entry  level  separation  on  1  July  1999,  he  was  issued   a
reenlistment eligibility (RE) code of “3K,” rather than “4C.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 June 2003, under the  provisions  of  AFI  36-
2603:

                  Mr. Philip Sheuerman, Panel Chair
                  Mr. Laurence M. Groner, Member
                  Mr. James E. Short, Member

A majority of the Board voted to correct the records, as  recommended.
Mr. Sheuerman voted to deny the case in its entirety, but did not wish
to submit  a  Minority  Report.  The  following  documentary  evidence
relating to AFBCMR Docket Number BC-2002-02663 was considered:

  Exhibit A.  DD Form 149, dated 21 Nov 02, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFBCMR Medical Consultant, dated 20 Feb 03.
  Exhibit D.  Letter, HQ AFPC/DPPRS, dated 25 Mar 03.
  Exhibit E.  Letter, HQ AFPC/DPPAE, dated 13 May 03.
  Exhibit F.  SAF/MRBR, dated 23 May 03.





                                   PHILIP SHEUERMAN
                                   Panel Chair



AFBCMR BC-2002-02663




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to    , be corrected to show that, in conjunction with
his entry level separation on 1 July 1999, he was issued a
reenlistment eligibility (RE) code of “3K,” rather than “4C.”





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency