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AF | BCMR | CY2003 | BC-2002-02932
Original file (BC-2002-02932.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02932
                       INDEX CODE:  110.00
      APPLICANT  COUNSEL:  NONE

      SSN        HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

The reenlistment eligibility (RE) code he received be changed to allow
him to reenter military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He wishes to reenter the Air Force.  His diabetes would not hinder his
work performance.  He further states that this is a clear-cut case  of
discrimination against him based on his disease.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  7  June  2000,  as  an
airman first class (A1C) for a period of six (6) years.

In August 2000, the applicant was notified of his  commander’s  intent
to recommend him for an Entry Level  Separation  based  on  fraudulent
entry.

The commander stated the specific reason for  the  proposed  discharge
was that the applicant intentionally concealed a prior service medical
condition, which if revealed, could have resulted in rejection of  his
enlistment.  The applicant was discovered to have diabetes mellitus.

A 4 August  2000  entry  in  his  medical  records  reveals  that  the
applicant was hospitalized for cellulitis.  The entry indicates during
his hospital stay, routine tests showed an increase in  glucose.   The
entry also indicated  the  applicant  knew  about  his  condition  and
stopped taking insulin prior to his entry into  the  Air  Force.   The
applicant was released from the hospital using insulin.

The commander advised the applicant of his right  to  consult  legal
counsel, and if he so desired an  appointment  would  be  made  upon
request.  He was advised that failure to  consult  with  counsel  or
submit statements could constitute his waiver of his  rights  to  do
so.

On 11 August 2000, the applicant acknowledged receipt of the  letter
of notification and invoked his right to submit  statements  on  his
behalf.

A legal review  was  conducted  in  which  the  staff  judge  advocate
recommended the applicant be separated with an entry level separation.

On 28 August 2000, the discharge authority approved the discharge.

The applicant  was  separated  with  an  uncharacterized  entry  level
separation on 30 August 2000 for fraudulent entry into the Air  Force,
in the grade of A1C and issued  an  RE  code  of  “2C”,  Involuntarily
separated with an  honorable  discharge;  or  entry  level  separation
without characterization of service.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief,  Medical  Consultant,  AFBCMR,  states  the  applicant  was
discharged because he  concealed  his  history  of  insulin  dependent
diabetes.  Any type  of  diabetes  is  disqualifying  for  entry  into
military service.  Insulin diabetes in particular is incompatible with
the rigors of military service.  The disposition  of  the  applicant’s
case was proper and equitable and in compliance with Air Force policy.
 The Medical  Consultant  recommends  no  change  in  the  applicant’s
records.

A complete copy of the Air Force evaluation is attached at Exhibit C.

HQ AFPC/DPPRS states the Department of Defense (DOD) determined  that,
if a member served less than 180 days of continuous active service, he
would  receive  an  entry-level   separation/uncharacterized   service
characterization when separation was  initiated.   The  separation  is
uncharacterized because it would be  unfair  to  the  member  and  the
service to try  and  characterize  the  limited  time  served.   DPPRS
further states  the  discharge  was  consistent  with  procedural  and
substantive requirements  of  the  discharge  regulation.   Also,  the
discharge was within the sound discretion of the discharge  authority.
Nor, has the applicant provided any evidence identifying any errors or
injustices in the processing of his discharge.  Based on the  evidence
provided they recommend the requested relief be denied (Exhibit D).

AFPC/DPPAES states the  reenlistment  eligibility  code  "2C"  is  the
applicable code for a member separated involuntarily with an honorable
discharge, or  entry  level  separation  without  characterization  of
service (Exhibit E).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
14 February 2003, for review  and  response.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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 careful  consideration  of
the circumstances of this  case  and  the  evidence  provided  by  the
applicant, we are not persuaded that  the  discharge  action  and  the
resulting reenlistment code he  received  were  in  error  or  unjust.
Applicant’s contentions are duly noted; however,  we  agree  with  the
opinions  and  recommendations  of  the  Air  Force  and  adopt  their
rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.  In this  respect,  we  note
the applicant admitted he intentionally  hid  the  fact  that  he  was
diabetic and stopped taking his insulin  prior  to  entering  the  Air
Force.  As noted by the BCMR Medical Consultant, the applicant  had  a
chronic medical condition which was disqualifying for entry  into  the
Air Force.  Therefore, in view of the above  and  in  the  absence  of
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 02-
02932 in Executive Session on 25 March 2003 under  the  provisions  of
AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Ms. Ann-Cecile McDermott
                 Mr. James A. Wolffe, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 9 Sep 02.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 25 Nov 02.
      Exhibit D. Letter, HQ AFPC/DPPRS, dated 18 Dec 02.
      Exhibit E. Letter, HQ AFPC/DPPAE, dated 3 Feb 03.
      Exhibit F. Letter, SAF/MRBR, dated 14 Feb 03.




                             ROBERT S. BOYD
                             Panel Chair

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