RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01056
INDEX NUMBER: 110.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to reenter the Air Force.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He failed to disclose he previously had asthma because he thought he
had outgrown it.
Applicant provides a statement from his civilian physician stating
the applicant has been free of asthma symptoms for at least five
years.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force on 16 Dec 03. On 21 Jan 04, his
training squadron commander notified him he was recommending his
discharge from the Air Force for fraudulent enlistment. The reason
for the commander’s action was the receipt of a medical narrative
summary, dated 15 Jan 04, which found the applicant did not meet
minimum medical standards to enlist. Specifically, he should not
have been allowed to join the Air Force due to asthma histamine
challenge. The applicant was found not to be qualified for a
disability separation. The applicant acknowledged receipt of
notification on 21 Jan 04 and waived his right to consult counsel and
to submit statements. On 21 Jan 04, the training squadron commander
recommended to the training group commander the applicant be
discharged for the reasons cited above with an entry-level
separation. On 26 Jan 04, the staff judge advocate found the
discharge action legally sufficient. On 26 Jan 04, the training
group commander approved the applicant’s discharge with an entry-
level separation. The applicant was discharged on 29 Jan 04 with
a “2C” reentry code (RE code), “Entry-level separation without
characterization of service.” A “2C” RE code bars reenlistment in
the Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. The applicant was administratively discharged for
fraudulent entry because he developed symptoms of asthma that
interfered with training and he failed to disclose his pre-service
history of asthma on his enlistment medical examination. Histamine
bronchoprovocation testing clearly documented the presence of
abnormal bronchial hyper-reactivity, which is disqualifying for
military service. The fact the applicant is presently asymptomatic
after discharge does not change the fact of his past history of
asthma. His symptoms of asthma during basic training clearly
indicate he is not medically qualified for military service.
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
18 Nov 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 to warrant granting the
applicant’s request to reenter the Air Force. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the BCMR
Medical Consultant the applicant is not medically qualified for
military service. Notwithstanding this determination, we believe
there is sufficient evidence to question whether the applicant’s
failure to disclose his prior asthma condition was a deliberate
decision to enter the Air Force under fraudulent conditions. As
such, we believe any doubt should be resolved in favor of the
applicant and his records corrected to reflect discharge on the basis
of an erroneous enlistment. While not allowing the applicant to
reenter the Air Force, we believe this type of discharge is more
appropriate and will remove the stigma of any wrong doing on his
part. Therefore, we recommend the applicant’s records be corrected
to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 29 January 2004,
he received an uncharacterized entry level separation by reason of
“Erroneous Entry (Other)’ rather than “Fraudulent Entry into Military
Service,” with separation program designator (SPD) code “JFC.”
_________________________________________________________________
The following members of the Board considered Docket Number BC-2004-
01056 in Executive Session on 11 January 2005, under the provisions
of AFI 36-2603:
Mr. Gregory H. Petkoff, Panel Chair
Mr. Patrick C. Daugherty, Member
Ms. Barbara R. Murray, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Mar 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
dated 15 Nov 04.
Exhibit D. Letter, SAF/MRBR, dated 18 Nov 04.
GREGORY H. PETKOFF
Panel Chair
AFBCMR BC-2004-01056
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:
The pertinent military records of the Department of the Air
Force relating to XXXXXXX, XXXXXXX, be corrected to show that on 29
January 2004, he received an uncharacterized entry level separation
by reason of “Erroneous Entry (Other)’ rather than “Fraudulent
Entry into Military Service,” with separation program designator
(SPD) code “JFC.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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