RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01894
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 DECEMBER 2008
______________________________________________________________
APPLICANT REQUESTS THAT:
1. He be re-instated on active duty.
2. His records be changed to allow him to apply for Montgomery GI Bill
(MGIB) benefits.
________________________________________________________________
APPLICANT CONTENDS THAT:
While he was attending technical training, he was taken out of training to
complete medical testing due to his history of Kawasaki's disease. He
states he was sick with pneumonia; however, he was not aware. During a
physical evaluation he began to cough up blood, consequently he was sent to
the medical clinic and placed on a medical waiver. Because the pneumonia
was taking longer than normal to clear, his personal medical history was
requested. The records indicated he suffered from chronic bronchitis from
allergies he had as a child. He was tested for asthma and subsequently
discharged from the Air Force. After his discharge, he continued to have
problems breathing and chest pains, and was administered a lab test. His
EKG and blood work produced negative results; however, the chest x-ray
showed a lesion in his left upper lobe. The doctor believed the lesion
resulted from over exertion and a coughing spasm occurring after running a
mile and a half physical evaluation while he was sick. The doctor
indicated the lung tissue would heal slowly and would take six to eight
months to repair itself. Once the lesion healed, the applicant had a
Methocoline Challenge test designed to induce an asthma attack. This test
returned negative results for any residual scarring from the disease.
Considering the test produced negative results, he believes he was
wrongfully discharged.
In support of his request, the applicant submits a personal letter, a copy
of his Pulmonary Function Report and other excerpts from his medical
records.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 27 Jan 04. On 4 Jun 04, he
was notified by his commander that he was recommending he be discharged
from the Air Force under the provisions of AFPD 36-32, Military Retirements
and Separations and AFI 36-3208, Administrative Separation of Airman for
Erroneous Enlistment. The specific reasons for this action were on 21 Apr
04, he was diagnosed with asthma and it was determined his condition
existed prior to service. On 4 Jun 04, he acknowledged receipt and waived
his right to counsel and elected not to submit statements on his own
behalf. In a legal review of his case, the base legal office found it
legally sufficient and recommended an entry-level separation. Applicant
was discharged in the grade of airman basic on 30 Jun 04 with
uncharacterized service. He served a total of five months and four days on
active duty.
________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states medical standards for enlistment (which also apply to members during
the first 180-days of active duty) indicate, asthma, including reactive
airways disease, exercise induced bronchospasm or asthmatic bronchitis,
reliably diagnosed at any age is disqualifying for enlistment. Thus, the
medical standards are broader than a defined diagnosis of asthma and
include reactive airways that may not meet the strict criteria for the
diagnosis of asthma. A positive bronchoprovocation test when performed in
subjects with symptoms suspected to be asthma reliably identifies
individuals with asthma and abnormal reactive airways that is disqualifying
for military service. Pre-service medical documentation dated the year
before the applicant's enlistment reflects active treatment for chronic
respiratory symptoms diagnosed as asthma. The applicant reported onset of
problems beginning at age seven or eight when seeking care in service. The
applicant did not report his disqualifying medical history at the time of
enlistment and the Medical Consultant opines there was sufficient basis for
discharge based on fraudulent enlistment. The emergency department record
and the cardiac catheterization report reflect continued symptoms
consistent with the diagnosis of asthma. The methacholine brochoprovoction
testing performed following separation and submitted in the absence of
additional clinical information (medications, etc.) does not overcome the
previous disqualifying medical history, both pre-service and while in
service. Air Force policy with regard to asthma and reactive airways
disease is reinforced by experience with the significant numbers of medical
casualties due to asthma and reactive airways disease, particularly in
members deployed to overseas locations. Harsh environments with regard to
altitude, air quality and high rates of respiratory tract infections result
in significant problems even in members without definite asthma including
those with childhood histories of asthma or reactive airways disease that
require the use of inhalers. The applicant's medical history indicates he
is at an unacceptable risk for unpredictable recurrent problems when
subjected to the rigors of military operational environments. 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. Since the applicant was discharged under
the provisions for entry-level separations, his character of service is
"uncharacterized". The applicant requests a change of his discharge
certificate to show an honorable discharge. Airmen are in an entry-level
status during the first 180 days of continuous active military service and
if administratively separated during this period receive an entry-level
separation. This discharge does not attempt to characterize the type of
service 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
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 service
from 'uncharacterized" to "honorable". Based on the preponderance of
evidence of the record, the Medical Consultant concludes the actions and
dispositions in this case are proper and equitable reflecting the
compliance with the Air Force directives that implement the law.
The complete Medical Consultant 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 6 Apr
07 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. After careful consideration of the
available evidence, the Board found no indication that the actions taken to
affect his discharge and characterization of his service were improper,
contrary to the provisions of the governing regulations in effect at the
time. Therefore, based on the available evidence of record, the Board finds
no compelling basis upon which to favorably consider 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 Docket Number BC-2006-01894
in Executive Session on 8 May 2007 under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Kathleen B. O'Sullivan, Member
Mr. Garry G. Sauner, Member
The following documentary evidence pertaining to Docket Number BC-2007-
01894 was considered:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jun 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Medical Consultant Letter, dated 4 Apr 07.
Exhibit D. Letter, SAF/MRBR, dated 6 Apr 07.
CHARLENE M. BRADLEY
Panel Chair
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