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AF | BCMR | CY2005 | BC-2004-01987
Original file (BC-2004-01987.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01987
            INDEX CODE:  110.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


  MANDATORY CASE COMPLETION DATE:  25 DECEMBER 2005


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of “2C” be changed to allow him
to reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged for having asthma before he  came  in.  However,  he
does not have asthma at all. He wants his RE code changed  so  he  may
reenlist.

In support of his appeal, the applicant has submitted  a  copy  of  DD
Form 214, Certificate of Release or  Discharge  from  Active  Duty,  a
personal statement and medical records.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  25  February  2003
under a Guarantee Training  Enlistment  Agreement  in  the  Air  Force
specialty of airborne linguist with a four year service obligation and
a $2,000 enlistment bonus (upon completion of training). The applicant
completed basic military training and began training  as  an  airborne
cryptologic linguist. Airborne linguists must qualify  under  stricter
medical standards (Flying Class III) than those for  general  military
service.

On 11 September 2002, the applicant underwent  an  enlistment  medical
examination and on DD Form 2807, Report of Medical History, he checked
“no” in response to the following questions: “Have you ever had or  do
you now have: asthma or any breathing problems  related  to  exercise,
weather,  pollens,  shortness  of  breath,  bronchitis,  wheezing   or
problems with  wheezing,  hay  fever,  nervous  trouble  of  any  sort
(anxiety or panic attacks), depression or excessive worry.
On 29 May 2003, he was evaluated in the  flight  surgery  clinic  with
headache, cough and sore throat for two weeks with sneezing. He denied
a history of  allergies  and  a  viral  syndrome  was  diagnosed  with
possible allergy. On 4 June 2003, he presented  to  the  primary  care
clinic with shortness of breath (SOB) on  exertion  with  chest  pain,
along with nocturnal cough and shortness of breath.

On 14 August 2003,  a  medical  evaluation  found  the  applicant  not
qualified for world wide duty due to asthma.  He was medically cleared
for separation.

On 10 September 2003, the applicant was separated from the  Air  Force
under the provisions of  AFI  36-3208,  Administrative  Separation  of
Airmen (failed medical/physical procurement), with an RE  code  of  2C
and an uncharacterized entry-level separation.  The  applicant  had  a
total of 6 months and 15 days of total active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant recommended no change in the records. At
the time of his enlistment medical examination, the applicant did  not
report the pre-service history of  multiple  symptoms  that  he  later
reported to providers at Fort Huachuca. At the time of enlistment  the
applicant denied a history of breathing problems related  to  exercise
or shortness of breath. The civilian  allergy  evaluation  recorded  a
history of hay fever and eczema, also denied by the applicant  at  the
time  of  enlistment  but  reported  a  13-year  history  of  multiple
recurring  symptoms  consistent  with   depression   or   other   mood
disturbance.  If the applicant  had  reported  the  history  of  these
symptoms on his enlistment examination it is speculative as to whether
he would have been rejected for service or not.  However,  failure  to
accurately report significant medical conditions of  symptoms  at  the
time of enlistment can form the basis for an administrative discharge

AFBCMR Medical Consultant’s 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
12 May 2005 for review and comment within 30 days.  As of  this  date,
there has been no response received by this office.
_________________________________________________________________

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 an error or injustice.  After  careful  consideration
of the circumstances of this case and the  evidence  provided  by  the
applicant, the Board majority is not persuaded  that  the  applicant's
discharge and the reenlistment code were  in  error  or  unjust.   The
Board notes that although the applicant appears not to have asthma, he
suffers from a significant number of pre-existing medical  conditions.
If he had reported their history, it is speculative as to  whether  or
not he would have been rejected for  service.  While  the  applicant’s
contentions are  duly  noted,  the  Board  majority  agrees  with  the
opinions and recommendation of the Medical Consultant  and  adopt  his
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, the Board majority  finds  no  compelling
basis to recommend granting the relief sought in this application.
_________________________________________________________________

RECOMMENDATION OF THE BOARD:

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

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-01987 in Executive Session on 9 June 2005, under  the  provisions
of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Michael J. Maglio, Member
                 Mr. Grover L. Dunn, Member

By a majority vote, the Board recommends denial  of  the  application.
Mr. Maglio voted to grant his request, but elected  not  to  submit  a
minority report.  The following documentary evidence was considered:

  Exhibit A. DD Form 149, dated 16 June 04, w/atchs.
  Exhibit B. Applicant's Master Personnel Records.
  Exhibit C. Letter, BCMR Medical Consultant, dated 11 May 2005.
  Exhibit D. Letter, SAF/MRBR, dated 12 May 05.




                                   RICHARD A. PETERSON
                                   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 the 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



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