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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