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AF | BCMR | CY2006 | BC-2005-00962
Original file (BC-2005-00962.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00962
            INDEX CODE:  100.03

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  23 SEP 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized entry-level separation be changed to  honorable
and his reason for separation be changed to medical.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was diagnosed with asthma while on active duty, however, he  was
never diagnosed with this condition prior to service.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  6  Jul  04  for  a
period of four years in the grade of airman basic.

On 4  Nov  04,  the  squadron  commander  initiated  administrative
discharge action against the applicant  for  erroneous  enlistment.
The reason for the proposed action was that a Chronological  Record
of Medical Care, dated 14 Oct 04, indicated he had  been  diagnosed
with asthma and it was determined the condition  existed  prior  to
service and had not been permanently aggravated  by  service.   Had
the Air Force known of this condition prior to his  enlistment,  he
would not have been allowed entry into the military.  The commander
recommended that the applicant be given an entry-level  separation.
On that same date, applicant acknowledged receipt of the  discharge
notification.  He waived his right to consult counsel and to submit
statements in his own behalf.  On 8  Nov  04,  the  Chief,  Adverse
Actions  found  the  case  file  legally  sufficient   to   support
separation, subject to inclusion in the file of a report of medical
examination showing  respondent  to  be  physically  qualified  for
worldwide duty.  On 15 Nov 04, the discharge authority approved the
entry-level separation with service uncharacterized.

The applicant received an uncharacterized entry-level separation on
18 Nov 04, by reason of “Erroneous Entry (Other),” and  was  issued
an RE  code  of  2C  (Involuntarily  separated  with  an  honorable
discharge; or entry-level separation  without  characterization  of
service).  He was credited with 4 months and 13 days of active duty
service.

___________________________________________________________________

AIR FORCE EVALUATION:

The  BCMR  Medical  Consultant  reviewed   this   application   and
recommended denial.  The applicant was administratively  discharged
on 18 Nov  04  with  an  entry  level  separation  (uncharacterized
service) for erroneous enlistment due to existing prior to  service
asthma after 4 months and 13 days on active duty.

The applicant  entered  active  duty  6  Jul  04,  completed  basic
training and began training as a security forces  helper.   Due  to
symptoms of shortness of  breath  he  was  evaluated  for  exercise
induced asthma.  During the medical  evaluation,  he  reported  two
weeks of chest tightness, wheezing, cough, and shortness of  breath
with running and climbing stairs.  He  was  medically  disqualified
for continued  military  service  based  on  symptoms  of  exercise
induced asthma combined with a positive exercise bronchoprovocation
test demonstrating the  presence  of  abnormal  airways  reactivity
determined to have existed prior to service.  Although there is  no
diagnosis of asthma or reactive airways disease prior  to  entering
military service, he had experienced the same  symptoms  since  age
15.   The  applicant’s  particular   situation   is   not   unique;
individuals without a definite  diagnosis  of  asthma  or  reactive
airways disease are routinely identified during basic and technical
training when they are unable to complete the physical conditioning
aspects of military training due to respiratory symptoms attributed
to reactive airways broncho-constriction/asthma.  Their  previously
mild or infrequent bronchial hyper-reactivity increases during  the
intense physical activity  and  stress  of  military  training  not
typical of normal civilian  life.   A  positive  bronchoprovocation
test confirms the presence of abnormal bronchial hyper-reactivity.

Airmen are in entry-level status  during  the  first  180  days  of
continuous  active  military  service   and   if   administratively
separated during the period  receives  an  entry-level  separation.
This discharge does not attempt to characterize the type of service
as either good or bad.  An honorable characterization may be  given
by the Secretary of the Air Force when it is clearly  warranted  by
unusual  circumstances  of  personal  conduct  and  performance  of
military duty.  The narrative reason on the applicant’s DD Form 214
lists erroneous entry.  Erroneous enlistment is one would not  have
occurred had the relevant facts been known by the Air Force and  it
was not the result of fraudulent conduct on the part of the member.

Action and disposition  in  this  case  are  proper  and  equitable
reflecting compliance with Air Force directives that implement  the
law.

A complete copy of the 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 11 May 06 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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.   The  applicant  requests  his  uncharacterized  entry-level
separation be changed to honorable and his reason for separation be
changed to a medical discharge.   However,  we  found  no  evidence
which would lead us to believe that the applicant's  separation  or
reason for separation were in error or contrary  to  the  governing
Air Force instructions.   Additionally,  while  the  applicant  did
experience medical problems while on active duty, it was determined
that his condition existed  prior  to  military  service.   He  was
separated  with  a  reason  for  separation  of  “erroneous   entry
(other).”  We note that an “erroneous  enlistment”  should  not  be
confused with a “fraudulent enlistment.”  An  erroneous  enlistment
is one that would not have occurred had  the  relevant  facts  been
known by the Air Force and it was  not  the  result  of  fraudulent
conduct on the part of the applicant.   The  applicant’s  case  has
undergone an exhaustive review by the BCMR Medical  Consultant  and
there is nothing in the evidence provided  by  the  applicant  that
would overcome his assessment of the  case.   Therefore,  we  agree
with his recommendation and adopt the rationale  expressed  as  the
basis for our decision that the applicant has failed to sustain his
burden that he has suffered either an error or  an  injustice.   In
the absence of persuasive evidence to  the  contrary,  we  find  no
compelling basis to recommend granting the relief  sought  in  this
application.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified  that  the  evidence  presented  did  not
demonstrate the existence of material error or injustice; that  the
application was denied without a personal appearance; and that  the
application will only be reconsidered upon the submission of  newly
discovered relevant evidence not considered with this application.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-00962 in Executive Session  on  22  June  2006,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Glenda H. Scheiner, Member
      Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Feb 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR Medical Consultant, dated 10 May 06.
    Exhibit D.  Letter, SAF/MRBR, dated 12 May 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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