RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-02399
            INDEX CODE:  110.02
      XXXXXXX                     COUNSEL:  NONE

                                  HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  20 OCTOBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed from “2C” to a  code  that
is valid for reentry into the United States military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was originally discharged for fraudulently enlisting  in  the  Air  Force
(AF) due to asthma.  Applicant states he does not have asthma in  any  form.
He believes the AF determined his reenlistment to be fraudulent  because  he
told an AF doctor he was prescribed an inhaler;  however,  the  inhaler  was
prescribed because of an acute condition when  he  was  younger  and  not  a
chronic, recurring disorder.  He believes his poor results on the  pulmonary
function test can be attributed to an acute respiratory infection  that  did
not manifest any further complications.   After  being  discharged,  he  was
reevaluated by a civilian doctor.  The doctor did  not  find  any  signs  or
history of chronic pulmonary obstruction.  Applicant further states  he  has
since acquired his paramedic license and degree and wants to join  the  Navy
and become a medic.

In support of the application, the applicant submits  a  medical  evaluation
and his pulmonary function test showing concurring results.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  on  23  July  2002  for  a
period of four years.  On 13 August 2002,  applicant  was  notified  by  his
commander of his intent to recommend he be discharged  from  the  Air  Force
under the provisions of AFPD 36-32, Air Force Military Training and AFI  36-
3208, Administrative Separation of Airmen, chapter 5, section 5C,  Defective
Enlistments, Paragraph 5.15 under Basis for Fraudulent Entry.  The  specific
reason for  this  action  was  applicant  intentionally  concealed  a  prior
service medical condition, which if revealed, could  have  resulted  in  the
rejection of his enlistment.  The Air Force discovered the applicant had  an
asthma per  histamine  challenge.   The  discharge  authority  approved  the
separation and ordered an uncharacterized, entry-level separation.

On 21 August 2004, he was discharged under the provisions  of  AFI  36-3208,
Administrative  Separation  of  Airmen  under  Basis   for   Discharge   for
Fraudulent Entry and was issued an entry-level  uncharacterized  separation.
He received an RE code of 2C, “Involuntarily separated with  an  entry-level
separation without characterization of service.”

He served 30 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   DPPRS  states  he   was   discharged   for
fraudulent entry because he  intentionally  concealed  a  medical  condition
that could have resulted in the rejection of his enlistment.   In  addition,
based on the documentation on file in  the  master  personnel  records,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The applicant did not identify any  errors  or
injustices  that  occurred  in  the  discharge  process.   Additionally,  he
provided no facts warranting a change in his RE  code  or  narrative  reason
for separation.

The complete DPPRS 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  22
September 2006 for review and comment within 30  days.   As  of  this  date,
this office has received no response (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 an error or injustice  to  warrant  changing  his  reenlistment
eligibility  (RE)  code.   We  took  notice  of  the  applicant’s   complete
submission in judging the merits of the case, however;  we  agree  with  the
opinions  and  recommendations  of  the  Air   Force   office   of   primary
responsibility and adopt its 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, 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;  the  application  was  denied
without  a  personal  appearance;  and  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  BC-2006-02399  in  Executive
Session on 24 October 2006, under the provisions of AFI 36-2603:

                       Mr. Jay H. Jordan, Panel Chair
                       Ms. Josephine L. Davis, Member
                       Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 August 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPPRS Letter, dated 23 August2006.
    Exhibit D.  Letter, SAF/MRBR, dated 22 September 2006.




            JAY H. JORDAN
            Panel Chair
                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



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 Office of the Assistant Secretary

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

XXXXXXX
XXXXXXX
XXXXXXX

Dear XXXXXXX

       Reference  your  application,  AFBCMR  Docket  Number  BC-2006-02399,
submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC).

      After  careful  consideration  of  your  application  and  the  former
member’s available military records, the Board determined that the  evidence
you presented did not demonstrate the existence of probable  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




                       GREGORY E. JOHNSON
                       Chief Examiner
                       Air Force Board for Correction
                       of Military Records


Attachment:
Record of Board Proceedings