RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  BC-2006-03280
                                  INDEX CODE:  110.12
      XXXXXXXXXXXXXXXXXXX         COUNSEL: Mr. Richard Quintana-Sena

                                        HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  28 April 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His characterization of discharge be changed to “honorable” and  he  receive
a medical discharge so he can seek treatment at the Veterans  Administration
(VA).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He passed his pre-enlistment physical with no abnormalities noted.  In  June
2006, he hurt his back during basic military training  when  he  fell  while
running the confidence course.  After  seeking  medical  attention  for  his
back pain, the attending  physician  claimed  he  had  a  pre-existing  back
injury and recommended his administrative separation; however, he never  has
had a previous back injury.

In support of his request, the applicant  provides  a  personal  letter  and
copies of an appointment letter for Claimant’s representative; DD Form  214,
Certificate of Release or Discharge from Active Duty; medical  records;  and
a statement from  his  mother  denying  he  ever  had  a  pre-existing  back
condition.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 9 May 2006, the applicant enlisted in the Regular Air Force  at  the  age
of 21 in the grade of airman basic for a period of six years.

On 6 July 2006, the applicant presented for medical care for a  back  injury
sustained while running a confidence course in June 2006.   Specific  X-rays
of the spine revealed a small fracture of the 11th thoracic  vertebrae.   An
orthopedic surgeon evaluated  the  fracture  was  the  result  of  an  older
injury.

On 23 August 2006, the applicant was evaluated  and  diagnosed  with  asthma
and back  pain.   The  attending  physician  recommended  the  applicant  be
administratively separated from the Air Force.  On 13  September  2006,  the
applicant’s commander recommended the applicant’s  discharge  for  erroneous
enlistment.  The applicant acknowledged receipt of  the  recommendation  and
waived his options to consult legal counsel and  submit  statements  in  his
own behalf.  On 14 September  2006,  the  recommendation  was  found  to  be
legally sufficient by the Chief, Adverse Actions.   On  21  September  2006,
the  discharge  authority  approved  the  applicant’s  discharge  under  the
provisions of AFPD 36-32 and AFI 36-3208, Table 5.4, Rule 1, with  an  entry
level separation under the basis of  erroneous  enlistment.   The  applicant
was discharged effective 22 September 2006 with  an  uncharacterized  entry-
level separation with a separation code JFC (erroneous entry) and a  reentry
code of 2C (entry level separation  without  characterization  of  service).
He had served 4 months and 14 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant  is  of  the  opinion  that  no  change  in  the
applicant’s records is warranted.  The BCMR Medical  Consultant  states  the
applicant had two different conditions that individually would be the  cause
of  an  Entry  Level  Separation.   The  applicant’s  fractured   vertebrae,
although unknown to the applicant, would predispose him to exacerbations  of
back pain and thus would  be  considered  unfitting  for  military  service.
Although the applicant failed to mention he was diagnosed with asthma,  this
condition  was  probably  a  more  significant  factor  in  considering  the
applicant’s suitability  and  fitness  for  future  military  service.   The
applicant underwent a methacholine challenge test  on  28  July  2006  which
revealed  a  significant  bronchial  hyperactivity  at   a   low   dose   of
methacholine.  This represents a significant respiratory  condition  and  is
ultimately likely to prohibit his utilization as a Total  Force  asset  well
into the foreseeable future.  His condition poses  a  significant  risk  for
sudden deterioration that could put himself and his unit’s mission at  grave
risk.  As a result, retention or reenlistment  would  not  be  in  the  best
interest of the Air Force.  The onset of the condition, as reported  by  the
applicant, occurred so close to his enlistment date that he would have  been
considered predisposed to asthma under the  right  environmental  conditions
and thus, the condition would have been  considered  as  existing  prior  to
service without service aggravation.

The BCMR  Medical  Consultant  states  the  evidence  of  record  shows  the
applicant’s conditions, back pain and  asthma,  were  appropriately  managed
and his Entry Level Separation was appropriate.   It  is  the  BCMR  Medical
Consultant’s opinion that action and disposition in  this  case  are  proper
and  equitable  reflecting  compliance  with  Air  Force   directives   that
implement the law.

The BCMR Medical Consultant evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  7
August 2007 for review and response within 30 days (Exhibit D).  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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate  the
existence of probable error or injustice.  The applicant  did  not  provide
persuasive evidence showing the  information  in  the  discharge  case  was
erroneous, his substantial rights were violated,  or  that  his  commanders
abused their discretionary authority.  The  characterization  of  discharge
which was issued at the  time  of  the  applicant’s  separation  accurately
reflects the circumstances of  his  separation  and  we  do  not  find  the
characterization of discharge to be in error or unjust.   In  view  of  the
foregoing, we find no basis upon which to  recommend  favorable  action  on
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 this application in  Executive
Session on 4 October 2007, under the provisions of AFI 36-2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Ms. Mary C. Puckett, Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-03280:

      Exhibit A.  DD Form 149, dated 11 Oct 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical consultant, dtd 6 Aug 07.
      Exhibit D.  Letter, SAF/MRBR, dated 7 Aug 07.




                                                   LAURENCE M. GRONER
                                                   Panel Chair