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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