Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-02469
Original file (BC-2003-02469.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02469
            INDEX NUMBER: 100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The reason for his  discharge  be  changed  from  fraudulent  enlistment  to
medical.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He states that all information was given to his recruiter and he  was  never
diagnosed with asthma.  He was told that he needed only to submit the  prior
three years of his medical history.

In support of the appeal, applicant provided documentation  associated  with
his discharge processing and documents extracted from his  civilian  medical
records.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  11  February  2003  in  the
grade of airman basic.  During basic  military  training  he  complained  of
cough, wheezing, shortness of breath and chest tightness  when  running  and
at rest.  On 25 April 2003, he  was  evaluated  in  the  Allergy  Clinic  at
Wilford Hall Medical Center.  He reported that these symptoms  were  present
prior to basic training during childhood with exercise  and  viral  illness;
that he used inhalers at age 12, and that he had a  history  of  asthma  and
allergy  during  childhood.   Histamine   bronchoprovocation   testing   was
markedly positive that reversed with  bronchodilator  medication  consistent
with a diagnosis of asthma which is disqualifying for military service.

On 6 May 2003,  he  was  administratively  discharged  with  an  entry-level
separation  for  fraudulent  entry  into  the  military  service  due  to  a
diagnosis of asthma.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  recommends  the  application  be  denied  and
states, in part, that although he contends he provided  medical  information
for the three years up to the time of his enlistment, there is  no  evidence
to confirm this.  Further,  copies  of  civilian  medical  records  obtained
after  entry  into  active  duty  shows  he  was  treated   for   sinusitis,
bronchitis, wheezing, allergies,  reactive  airways  disease,  and  possible
asthma.  The applicant did not respond in the affirmative  to  questions  on
his enlistment medical examination forms that specifically queried for  this
medical history.  Based on the above,  the  Medical  Consultant  is  of  the
opinion  that  no  change  in  the  records  is  warranted.    The   Medical
Consultant’s evaluation is at Exhibit C.

AFPC/DPPRS reviewed  this  application  and  states  they  concur  with  the
Medical Consultant’s evaluation and recommend  no  change  in  the  records.
The DPPRS evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  30
Jan 04 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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice that would warrant  corrective  action.   We
see no evidence of an error in this case and after review of  the  available
evidence, we do not  believe  the  applicant  has  been  the  victim  of  an
injustice.  We find no indication that  the  actions  taken  to  affect  the
applicant's discharge were improper or contrary to  the  provisions  of  the
governing  regulations.   Therefore,  we  agree  with   the   opinions   and
recommendation 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.  In the  absence  of  evidence  to
the contrary, we find no compelling basis to recommend granting  the  relief
sought in this application.

_________________________________________________________________
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-
02469 in Executive Session on 16 Mar 04, under the  provisions  of  AFI  36-
2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. James W. Russell III, Member
      Mr. James A. Wolfe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 2 Dec 03.
    Exhibit D.  Letter, AFPC/DPPRS, dated 20 Jan 04.
    Exhibit E.  Letter, SAF/MRBR, dated 30 Jan 04.




                                   OLGA M. CRERAR
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2002 | 0201045

    Original file (0201045.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01045 INDEX CODE: 108.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The reason for her discharge be changed from misconduct to reflect that she was discharged for medical reasons. In regard to the request for her records to be changed to reflect that she was discharged for medical reasons; no evidence...

  • AF | BCMR | CY2004 | BC-2003-02893

    Original file (BC-2003-02893.DOC) Auto-classification: Denied

    In support of her submission, the applicant provided a copy of the Physical Evaluation Board (PEB) findings and recommendations and documents extracted from her medical records. Her other medical conditions were not the reason she was referred into the Disability Evaluation System and were not at the time of disposition, unfitting for continued service. Evidence has not been presented which would lead us to believe that the applicant's disability processing and the rating she received at...

  • AF | BCMR | CY2004 | BC-2003-01556

    Original file (BC-2003-01556.DOC) Auto-classification: Denied

    Based on symptoms consistent with reactive airways disease and asthma and the positive bronchoprovocation test confirming abnormal bronchial reactivity, he underwent entry-level separation. The DPPRS evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states he was sick with a bad case of bronchitis when he was tested for asthma. Exhibit C. Letter, BCMR Medical Consultant, dated 17 Sep 03.

  • AF | BCMR | CY2003 | BC-2003-00016

    Original file (BC-2003-00016.doc) Auto-classification: Denied

    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). A complete copy of the evaluation is at...

  • AF | BCMR | CY2004 | BC-2003-01854

    Original file (BC-2003-01854.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01854 INDEX CODE: 108.02 COUNSEL: DAV HEARING DESIRED: YES ___________________________________________________________________ APPLICANT REQUESTS THAT: His injury be changed from Existing Prior To Service (EPTS) to In Line of Duty (ILOD). The reports and disposition letter clearly shows the condition was ILOD. Under the laws in effect at the time, the services did not assign...

  • AF | BCMR | CY2004 | BC-2003-02033

    Original file (BC-2003-02033.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02033 INDEX CODE: 108.02 COUNSEL: DVA HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The narrative reason and authority for separation on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed from Existing Prior To Service (EPTS) to Line of Duty (LOD). Since discharge and...

  • AF | BCMR | CY2004 | BC-2004-00666

    Original file (BC-2004-00666.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00666 INDEX NUMBER: 110; 128.10 XXXXXXX COUNSEL: None XXXXXXX HEARING DESIRED: Yes _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge from the Air Force for fraudulent enlistment be voided. _________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged for fraudulent enlistment...

  • AF | BCMR | CY1998 | 9702355

    Original file (9702355.pdf) Auto-classification: Approved

    If, as the applicant contends, the recruiter then had him fill out a second medical history form concealing this history of early childhood asthma, the applicant should not have been considered a fraudulent entry, but rather an erroneous entry level separation should have been the reason for his dismissal. A complete copy of the Air Force evaluation is attached at Exhibit C. The Military Personnel Management Specialist, Separations Branch, HQ AFPC/DPPRS, states that they concur with the...

  • AF | BCMR | CY2004 | BC-2003-01107A

    Original file (BC-2003-01107A.doc) Auto-classification: Approved

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01107 INDEX CODE: 110.02 COUNSEL: None HEARING DESIRED: YES _______________________________________________________________ APPLICANT REQUESTS THAT: By amendment at Exhibit K, the applicant requests her Reenlistment Eligibility (RE) code be changed to “Secretarial Authority” and she be given a medical disability retirement. The following documentary evidence was...

  • AF | BCMR | CY2003 | BC-2003-00254

    Original file (BC-2003-00254.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00254 INDEX CODE: 110.12 XXXXXXXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXXXXX HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for discharge be changed from “fraudulent entry” to “medical discharge.” _________________________________________________________________ APPLICANT CONTENDS THAT: He did not...