RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02239
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility be changed from "Ineligible" to
"Eligible".
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was forced to leave the Air National Guard, as the Air Force
believed he had asthma. He has since been fully evaluated by a
pulmonary specialist who has declared he has no objective findings
consistent with asthma.
In support of his appeal, the applicant has provided a statement from
his pulmonologist, a copy of a letter awarding him with a Meritorious
Service Medal (MSM) and copies of his DD 214, Certificate of Release
or Discharge from Active Duty, and his National Guard Bureau (NGB)
Form 22, Report of Separation and Record of Service.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, a former member of the Iowa Air National Guard (IAANG),
began his military career on 3 March 2000. He attained the grade of
senior Airman (SrA) with a date of rank (DOR) of 1 October 2001. On 11
September 2001, he was mobilized in support of Operation Noble Eagle
and deployed to the declared contingency Operation Southern Watch in
Kuwait. On 15 April 2003, he was demobilized and released from active
duty. On 13 August 2003, he was discharged by reason of physical
disqualification (Asthma) from the IAANG with a reenlistment
eligibility of “ineligible.” He was serving in the grade of SrA and
had a total of 3 years, 5 months, and 10 days total military service.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI recommends denial. DPPI notes the applicant was discharged
from the IAANG following a medical disqualification for the diagnosis
of asthma. DPPI notes, in accordance with Air Force Instruction 48-
128, asthma, recurrent bronchospasm, or reactive airway disease,
unless due to a well defined avoidable precipitant cause, is a
disqualifying condition for continued military service. DPPI states
the information provided by his pulmonary specialist was not
sufficient to disprove the current diagnosis of asthma.
DPPI’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
17 June 2005 for review and comment within 30 days. As of this date,
no response has been 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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. Based on the presumption of
regularity in the conduct of governmental affairs, we must assume that
the applicant’s discharge and reenlistment (RE) code assignment of
“Ineligible” were proper and in compliance with the pertinent
directives. Nevertheless, in view of the evidence provided, to
include a statement from the applicant’s pulmonologist indicating he
does not now suffer from asthma, the Board believes the applicant
would like to reenlist in the military and should have the opportunity
to do so. Whether or not he is successful will depend on the needs of
the services and our recommendation in no way guarantees that he will
be allowed to return to any branch of the service. Therefore, we
recommend his 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 13 August 2003 he
was separated under the provisions of AFI 36-3208, paragraph 1.2
(Secretarial Authority) with a reenlistment eligibility of “Eligible.”
______________________________________________________________
The following members of the Board considered this application in
Executive Session on 19 July 2005, under the provisions of AFI 36-
2603:
Mr. John B. Hennessey, Panel Chair
Mr. Richard C. Hartley, Member
Ms. Patricia R. Collins, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Aug 04, w/atchs.
Exhibit B. Letter, ANG/DPFOC, dated 14 June 05.
Exhibit D. Letter, SAF/MIBR, dated 17 Jun 05.
JOHN B. HENNESSEY
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR BC-2004-02239
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 APPLICANT, be corrected to show that on 13 August
2003 he was separated under the provisions of AFI 36-3208, paragraph
1.2 (Secretarial Authority) with a reenlistment eligibility of
“Eligible”.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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