RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02092
INDEX NUMBER: 108.00
XXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
His entry-level separation be changed to a medical discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was in good physical condition when he joined the Air Force. He
should be given a medical discharge based on his entry-level
separation for failed medical and physical procurement standards.
When he completed his medical history form for enlistment, he
reported to personnel at the Military Entrance Processing Station
(MEPS) that he had had bronchitis and not asthma. He was told to
check yes to bronchitis.
When he got sick at basic military training (BMT), he was advised
that he had asthma and should not have been cleared at the MEPS. He
was placed on medical hold. He was on medical hold for about two
months and his condition never improved.
In support of his appeal, the applicant has provided copies of
medical documents from his private physicians.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 12 Nov 02. On
8 Jan 03, his training squadron (TRS) commander notified him that he
was recommending his discharge from the Air Force for erroneous
enlistment. The reason for his recommendation was that the
applicant’s medical narrative summary, dated 13 Dec 02, found that he
did not meet the minimum medical standards to enlist. He should not
have been allowed to join the Air Force due to asthma. The applicant
responded to the notification on 8 Jan 03, waived his right to
counsel, and waived his right to submit statements in his behalf. He
also acknowledged that he would not be entitled to any disability,
retirement, or severance pay if discharged for the reasons cited. On
8 Jan 03, the TRS commander recommended to the training group
commander that the applicant be discharged. On 9 Jan 03, the
training wing judge advocate found the case legally sufficient and
recommended to the training group commander that the applicant be
discharged with an entry-level separation. The training group
commander approved the applicant’s discharge on 10 Jan 03. He was
discharged on 14 Jan 03 for failed medical physical procurement
standards.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. Evidence of the record shows the applicant experienced
recurrent bronchitis and two weeks of starting basic training, the
applicant was experiencing symptoms consistent with asthma. Medical
standards for enlistment (and for continued service) indicate that
asthma, including reactive airways disease, exercise induced
bronchospasm or asthmatic bronchitis, reliably diagnosed at any age
is disqualifying for enlistment. The applicant clearly had a history
of reactive airways disease existing prior to service. It is common
for the physical stress of basic training to transiently aggravate
symptoms of chronic asthma. The applicant’s existing prior to
service condition was not caused or permanently aggravated by
service. This condition did not entitle him to disability benefits.
None of the other conditions documented in the applicant’s records
would have entitled him to disability benefits.
Airmen are in entry-level status during the first 180 days of
continuous service and if administratively separated during this
period receive an uncharacterized discharge.
The complete evaluation is at Exhibit C.
AFPC/DPPPRS recommends denial of the applicant’s request. Based on
the evidence of record, the applicant’s discharge was consistent with
the procedural and substantive requirements of applicable
regulations. The applicant did not submit any new evidence or
identify any errors or injustices in the discharge process.
The complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response, the applicant emphasizes that he is still requesting
a medical discharge. He states that he did not have any knee
problems or hand discomfort prior to basic training. He states that
he was a member of the marching band for seven years and never missed
a day.
Included in the applicant’s response are comments from his mother.
She states that when she sent her son to the Air Force he did not
have any type of pain, nor did he have sores on the back of his neck,
walk with a cane, or have pains in his hands. Her son informed the
recruiters that he had bronchitis, but was still encouraged to
enlist. He also passed the physical exam at the MEPS. She requested
her son’s records from both pediatricians and for the first time saw
the word Asthmatic Bronchitis, which was never told to her. She was
not aware that her son had asthma until she had him tested after his
return from the Air Force. She opines that the only erroneous
enlistment was the recruiter encouraging her son to enlist, knowing
his condition.
The applicant’s complete response is at Exhibit F.
_________________________________________________________________
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 primary basis for our conclusion that the applicant has not been
the victim of an error or injustice. We note that the applicant
appears to believe that his discharge on the basis of erroneous
enlistment is incorrect and infers that he lied or falsified
documents to gain entry into the Air Force. This is not the meaning
of erroneous enlistment, but fraudulent enlistment, which was not
used in the applicant’s case. Discharge on the basis of erroneous
enlistment means that the applicant’s enlistment was an error caused
either by the Air Force not having all of the information they needed
or their failure to take the correct action. It appears to us in
this case that the Air Force failed to take the correct action under
the circumstances. The applicant should have never been allowed to
enlist. However, since the error did occur, the action to discharge
him based on an erroneous enlistment is correct. We also took note
of the medical problems the applicant claims to have developed during
his time in the Air Force. He has not submitted sufficient evidence
to support his claims and we find it improbable that his medical
problems are due to the short period of time he was in the Air Force.
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 Docket Number BC-2003-
02092 in Executive Session on 21 January 2004, under the provisions
of AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Mr. James A. Wolffe, Member
Ms. Rita A. Maldonado, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
dated 10 Nov 03.
Exhibit D. Memorandum, AFPC/DPPRS, dated 10 Dec 03.
Exhibit E. Letter, SAF/MRBR, dated 19 Dec 03.
Exhibit F. Letter, Applicant, dated 24 Dec 03.
BRENDA L. ROMINE
Panel Chair
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