RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00016
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
It appears the applicant is requesting that his records be
corrected to reflect a different reason for separation and his
reenlistment eligibility (RE) code be changed so that he can
reenlist in the Air Force.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was misdiagnosed. He states that he tested positive for asthma
during technical training due to a respiratory infection. He was
subsequently tested for asthma by a civilian specialist and the
results were negative.
In support of his appeal, applicant submitted a personal statement;
a copy of a letter from the Children’s Hospital of Pittsburgh,
undated, and a copy of his Pulmonary Function Report, dated
5 Nov 02.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 23 July 2002, in the
grade of airman basic (AB/E-1).
On 2 Oct 02, the squadron commander initiated administrative
discharge action against the applicant for erroneous enlistment.
The reason for the proposed action was that a Chronological Record
of Medical Care, dated 23 Sep 02, indicated he had been diagnosed
with asthma and it was determined the condition existed prior to
service. Because of this condition, his ability to function in a
military environment 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 7 Oct 02, the discharge authority
approved the entry-level separation with service uncharacterized.
The applicant received an uncharacterized entry-level separation on
15 Oct 02, by reason of “Erroneous Entry (Other),” and was issued
an RE code of 2C (Involuntarily separated with an honorable
discharge; or entry-level separation without characterization of
service). He was credited with 2 months and 23 days of active duty
service.
___________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant reviewed this application and
recommended denial. The applicant was evaluated for possible
asthma because of symptoms of cough, wheezing, chest tightness and
shortness of breath with walking, marching, running and at rest
that prompted care in the emergency room during the second week of
technical training. During the medical evaluation it was
determined that the symptoms suggesting asthma existed prior to
service. Although he was never formally diagnosed with asthma
prior to service, he reported a history of symptoms including
exercise induced symptoms and allergic rhinitis prior to service as
well as a history of allergies and use of an inhaler after age 12.
He also has a family history of asthma in first-degree relatives
increasing the possibility of asthma in him. He underwent further
evaluation by bronchoprovocation testing with a histamine challenge
test. Based on symptoms consistent with asthma and the
bronchoprovocation test positive for abnormal bronchoreactivity
consistent with asthma, he underwent entry level separation for the
disqualifying diagnosis of asthma existing prior to service
(erroneous enlistment: erroneous enlistment is one that would not
have occurred had the relevant facts been known by the Air Force
and it was not the result of fraudulent conduct on the part of the
applicant). Action and disposition in this case are proper and
reflect compliance with Air Force directives that implement the
law.
A complete copy of the evaluation is at Exhibit C.
HQ AFPC/DPPRS recommended denial of the applicant’s request. 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.
HQ AFPC/DPPAE found that the RE code 2C, “Involuntarily separated
with an honorable discharge; or entry-level separation without
characterization of service,” is correct.
A complete copy of the evaluation is at Exhibit E.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He disputes the claim that asthma in first-degree relatives has
ever existed. Asthma has never been diagnosed in any of his family
members and he never used an inhaler of any kind until after he was
misdiagnosed by Allergy Service at Wilford Hall Medical Center on
14 Sep 02. He has on his own time and at his own expense
successfully passed the same tests that were administered while on
active duty and all the results have proven that he does not have
asthma or any airway hyper-reactivity at this time or has he ever.
In support of his appeal, applicant provided a personal letter,
dated 24 Jul 03; a copy of a letter from the Allegheny General
Hospital, Div of Allergy, Asthma and Immunology, with results of
tests conducted on 9 Jul 03.
Applicant’s complete response is at Exhibit G.
___________________________________________________________________
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. We took notice of
the applicant's complete submission in judging the merits of the
case; 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. Therefore, 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 issues 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-2003-00016 in Executive Session on 10 September 2003, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Cheryl Jacobson, Member
Ms. Martha Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jan 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated 16 Apr 03.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 19 May 03.
Exhibit E. Letter, HQ AFPC/DPPAE, dated 27 Jun 03.
Exhibit F. Letter, SAF/MRBR, dated 3 Jul 03.
Exhibit G. Letter, Applicant, dated 24 Jul 03, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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