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.

His indebtedness to  the  Government  in  the  amount  of  $46,500  be
cancelled.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged for fraudulent enlistment for not  documenting  that
he had a history of asthma past age 12 on the DD Form 2492 filled  out
for  the  Air  Force.   However,  he  had  previously  provided   this
information on a DD Form 2492 completed during his enlistment  in  the
Army.  He was granted a waiver to enter the Army.  It was only because
he had a waiver that  he  did  not  include  the  information  on  the
documents for the Air Force.

Although there is no record, he told the doctor who examined him  that
he had breathing problems  as  a  child,  12  years  old  or  younger.
Although he had asthma symptoms between the age of 12 and 14, he never
knew about them.  He  has  three  signed  affidavits  stating  he  was
truthful when he told doctors that he hadn’t had asthma past age 12.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

In Apr 98, the applicant received a medical examination for enlistment
in the Minnesota Army National Guard.  Applicant subsequently required
a waiver and on 10  Jun  98,  was  given  a  waiver  to  enlist.   The
applicant enlisted on 18 Jun 98.  While in the  Army  National  Guard,
the applicant applied for a  scholarship  in  the  Air  Force  Reserve
Officer  Training  Corps  (AFROTC).   On  15 Jan  99,  the   applicant
completed DD Form 2492, Report  of  Medical  History,  for  a  medical
examination and acceptance into the  AFROTC  program.   The  applicant
marked no in section I of the DD Form 2492 in response to  whether  he
ever had or had at present asthma  or  wheezing.   The  applicant  was
found medically qualified for acceptance into the AFROTC program.   On
13 Apr 99, applicant was discharged from the Army National Guard  with
an uncharacterized discharge.  On 31 Aug 00, the applicant enlisted in
the Air Force Reserve for the purpose of participating in the  College
Scholarship Program.  The applicant was awarded a  three-year  college
scholarship.  On 3 Feb 03, the applicant  completed  DD  Form  2807-1,
Report  of  Medical  History,  for  the   purpose   of   receiving   a
commissioning examination.  The applicant marked  no  in  response  to
whether he ever  had  or  at  present  had  asthma  or  any  breathing
problems.   The  applicant  was  medically  disqualified  during   his
physical due to having symptoms of asthma past age 12.  On Sep 03, the
applicant was disenrolled from  the  AFROTC  program  due  to  medical
disqualification and fraudulent enlistment.

_________________________________________________________________

AIR FORCE EVALUATION:

AFOATS/JA recommends denial of the applicant’s request.  The applicant
should have marked the appropriate sections on the  forms  documenting
his medical history.  The applicant states that he did not know he had
asthma when undergoing tests until 14  years  of  age.   However,  the
applicant’s childhood doctor states that the applicant was an  allergy
and asthma patient from early childhood until  he  was  last  seen  in
1996, which would have made him 16 years  of  age.   Furthermore,  the
applicant knew that his  childhood  asthma  was  a  consideration  for
entering active duty as evidenced by  his  previous  waiver  from  the
Army.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
26 Mar 04 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

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, the majority  of  the  Board  agrees  with  the  opinion  and
recommendation of the Air Force office of primary  responsibility  and
adopts their rationale as the primary basis for their conclusion  that
the applicant has not been  the  victim  of  an  error  or  injustice.
Therefore, in the absence of evidence to the contrary, the majority of
the Board finds 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.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  Board  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
00666 in Executive Session on 24 June 2004, under  the  provisions  of
AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Kathleen F. Graham, Member
      Mr. John B. Hennessey, Member

By a majority vote, the Board voted to deny applicant’s request.   Ms.
Graham voted to grant the applicant’s requests but did not  desire  to
submit a minority report.   The  following  documentary  evidence  was
considered:

    Exhibit A.  DD Form 149, dated 21 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFOATS/JA, dated 16 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Mar 04.




                                   LAURENCE M. GRONER
                                   Panel Chair





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                  FOR CORRECTION OF MILITARY RECORDS
(AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXX, XXXXXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency