Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2005-02651
Original file (BC-2005-02651.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2005-02651

            COUNSEL: NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE: 20 JANUARY 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment (RE)  code  be  changed  to  allow  reentry  into  military
service.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged because he took asthma medication past the age of 12.  The
medication was prescribed for relief of seasonal allergy symptoms  (not  for
asthma). Despite what the Air Force physician said, he never  suffered  from
asthma.  If he intended to hide a history  of  asthma,  he  would  not  have
listed the medication on his enlistment papers.

In support of his application, applicant submits a  personal  statement  and
several character reference letters.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 3 October 1989.   At  the
time of his  enlistment  medical  examination  the  applicant  reported  his
health was good and that he was not on any medications. He indicated he  had
a history  of  hay  fever,  sinusitis,  and  asthma.  On  interview  by  the
examining physician, he reported his hay fever was seasonal  due  to  pollen
and that there were no  symptoms  of  asthma  since  age  10  (at  the  time
standards allowed for enlistment of individuals with a history of  childhood
asthma but no problems after age 12). On 5/6  October  1989,  the  applicant
reported to medics that he might have asthma and that he had  a  history  of
asthma since age 12 treated with medication  until  age  16  with  his  last
attack at age 15. Routine pulmonary tests were normal at  the  time  of  the
test  (asthma,  in  particular  mild  asthma,  is  characterized  by  normal
function in between attacks, and normal routine spirometry does not  exclude
the diagnosis). A Medical Evaluation Board (MEB) on 19  October  1989  found
the applicant disqualified for service based on his pre-service  history  of
asthma.  The  board  noted  that  he  met  “retention”  standards  but   not
enlistment standards. The applicant was discharged on 25 October  1989  with
an entry level separation and an RE code of 4C  after  serving  25  days  on
active duty.

_________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the  records
is warranted. Although the applicant reported a history  of  hay  fever  and
asthma at the time of his  enlistment  medical  examination,  he  failed  to
report that he had been on allergy  shots,  and  reported  that  he  had  no
symptoms of or treatment for asthma after age 10. Immediately upon  starting
basic training he  experienced  shortness  of  breath  and  chest  tightness
consistent  with  asthma  or  reactive  airway  disease  along  with   nasal
congestion consistent with his history of  allergies.  He  then  reported  a
history of asthma treated between age 12 and 16 years  of  age  as  well  as
treatment with allergy shots. This condition after age 12 was  disqualifying
for enlistment. In addition, symptoms of asthma  interfering  with  training
are disqualifying for continues service.  Action  and  disposition  in  this
case  are  proper  and  equitable  reflecting  compliance  with  Air   Force
directives that implement law.

BCMR 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  and
counsel on 11 September 2006 for review and comment within 30 days.   As  of
this date, this office has received no response.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice warranting a change  in  the  applicant’s
entry level separation and reenlistment code.  Applicant’s  contentions  are
duly noted; however, we agree with the opinions and  recommendation  of  the
BCMR 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.  The applicant’s history of asthma treatment between the ages  of
12 and 16 years was disqualifying for  enlistment  and  symptoms  of  asthma
interfering  with  training  are  disqualifying   for   continued   service.
Therefore,  in  the  absence  of  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 a 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  Docket  Number  BC-BC-2005-
02651 in Executive Session on 25 October 2006, under the provisions  of  AFI
36-2603:

                 Ms. Kathleen F. Graham, Chair
                 Mr. Gregory A. Parker, Member
                 Mr. Gary G. Sauner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Aug 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 7 Sep 06.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Sep 06.

                                             KATHLEEN F. GRAHAM
                                             Panel Chair

















AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD  20762-7002


      Reference your application submitted under the provisions of AFI 36-
2603 (Section 1552, 10 USC), AFBCMR BC-2005-02651

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did not
demonstrate the existence of material error or injustice.  Accordingly,
the Board denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence,
a further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR





                                   RALPH J. PRETE
                                   Chief Examiner
                                   Air Force Board for Correction
                                   of Military Records

Attachment:
Record of Board Proceedings

Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-01987

    Original file (BC-2004-01987.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommended no change in the records. At the time of enlistment the applicant denied a history of breathing problems related to exercise or shortness of breath. 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...

  • ARMY | BCMR | CY2011 | 20110025255

    Original file (20110025255.txt) Auto-classification: Denied

    On 8 November 1984, the applicant agreed with the MEB's findings and recommendation, indicated he did not desire to continue on active duty, and requested expeditious discharge from the Army for physical disability. The DD Form 214 he was issued shows he was honorably discharged under the provisions of chapter 5, Army Regulation 635-40, by reason of physical disability prior to entry on active duty – medical board. The applicant's narrative reason for separation includes disability, which...

  • AF | BCMR | CY2002 | BC-2002-01388

    Original file (BC-2002-01388.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: 02-01388 INDEX CODE 108.01 108.02 108.10 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His 1968 discharge for physical disability, existed prior to service (EPTS), be changed to a medical retirement. A complete copy of the evaluation is at Exhibit...

  • AF | BCMR | CY2006 | BC-2005-01947

    Original file (BC-2005-01947.DOC) Auto-classification: Denied

    ________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPPD recommends the application be denied, and states, in part the applicant was processed through the Disability Evaluation System (DES) and was found unfit for continued military service based on asthma which existed prior to service. The applicant contends the determination that her asthma existed prior to her service was solely based on the single sentence in the MEB that she reported using an...

  • AF | BCMR | CY2004 | BC-2004-00666

    Original file (BC-2004-00666.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00666 INDEX NUMBER: 110; 128.10 XXXXXXX COUNSEL: None XXXXXXX HEARING DESIRED: Yes _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge from the Air Force for fraudulent enlistment be voided. _________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged for fraudulent enlistment...

  • AF | BCMR | CY2006 | BC-2005-01322

    Original file (BC-2005-01322.doc) Auto-classification: Approved

    After reviewing the evidence of record, we believe the applicant’s narrative reason for separation is too harsh. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that at the time of her entry-level separation on 30 September 2002, the narrative reason for her separation was Secretarial Authority and Separation Program Designator was...

  • AF | BCMR | CY2003 | BC-2002-03241

    Original file (BC-2002-03241.doc) Auto-classification: Denied

    On 29 Aug 00, the applicant received notification that she was being recommended for discharge for erroneous enlistment. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends the application be denied. After thoroughly reviewing the evidence of record and noting the applicant’s submission, we are unpersuaded that the requested relief should be approved.

  • AF | BCMR | CY2006 | BC-2005-01634

    Original file (BC-2005-01634.doc) Auto-classification: Denied

    She sought care in Sep 03 and was diagnosed with asthma based on clinical history and PFTs showing mild obstruction to airflow and response to treatment with bronchodilator. Medical standards for continued military duty indicate that asthma, recurrent bronchospasm, or reactive airway disease, unless due to well- defined avoidable precipitant cause is disqualifying for worldwide duty. A complete copy of the AFBCMR Medical Consultant’s evaluation is at Exhibit...

  • AF | BCMR | CY2007 | BC-2006-01894

    Original file (BC-2006-01894.doc) Auto-classification: Denied

    He was tested for asthma and subsequently discharged from the Air Force. Furthermore, the Medical Consultant states in order to qualify for MGIB benefits, the applicant was required to complete 36 months of active duty service and receive an honorable discharge. The applicant's concealment of a disqualifying medical condition at the time of enlistment examination and non-distinguished conduct while in training does not merit action by the Secretary to change his characterization of...

  • AF | BCMR | CY2004 | BC-2003-02469

    Original file (BC-2003-02469.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends the application be denied and states, in part, that although he contends he provided medical information for the three years up to the time of his enlistment, there is no evidence to confirm this. The Medical Consultant’s evaluation is at Exhibit C. AFPC/DPPRS reviewed this application and states they concur with the Medical Consultant’s evaluation and recommend no...