Search Decisions

Decision Text

AF | BCMR | CY2008 | BC-2008-01020
Original file (BC-2008-01020.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01020
      INDEX CODE:  110.00
      COUNSEL:  NONE

      HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Block 24, Character of Service, on his DD 214,  Certificate  of  Release  or
Discharge  from  Active  Duty,  be   changed   from   “uncharacterized”   to
“honorable.”

________________________________________________________________

APPLICANT CONTENDS THAT:

He was never diagnosed with asthma prior to his entry in  military  service.
His entry was made on factual information  with  no  intent  to  conceal  or
deceive the Air Force.  His asthma was a result  of  environmental  changes.
He should not have to suffer.

In support of his application, he submits his DD  Form  214,  and  documents
excerpted  from  his  medical  records.   His  complete   submission,   with
attachments, is at Exhibit A.
________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28 Feb 01.  On  9 Aug  01,  a
medical examiner diagnosed him with Asthma and stated the condition  existed
prior to his enlistment. He concluded the applicant did not  meet  standards
for continued military service and that  his  ability  to  function  in  the
military was significantly impaired.

On 10 Sep 01, he was notified by his commander that he was recommending  his
discharge for Erroneous Enlistment.  A  legal  review  by  the  Staff  Judge
Advocate found the case legally sufficient and  recommended  his  separation
from the service with  an  Entry  Level  Separation.   On  13  Sep  01,  the
discharge authority approved the recommended discharge.

Applicant was  discharged  on  28  Sep  01  and  issued  an  uncharacterized
character of service.  He served five months on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
notes the applicant  developed  shortness  of  breath  and  chest  tightness
during his second week of  Basic  Military  Training  (BMT).   His  clinical
evaluations  demonstrated  evidence  of  airway   hyperactivity.    Although
environmental factors might be considered in the  evolution  of  a  de  novo
asthma  condition  after  entering  military  service,  a  preponderance  of
medical evidence reflects his airway hyperactivity  probably  existed  prior
to his entry in to military service.

The Medical Consultant states the applicant’s denial should  not  be  viewed
as deceptive or  a  deliberate  false  statement;  as  many  recruits  first
discover the  condition  after  being  confronted  with  the  sustained  and
uninterrupted exercise requirements such  as  running.   His  symptoms  were
precipitated by running, reflecting a likely exercise-induced  component  of
his disease.

Applicant was discharged under current  Air  Force  guidelines  for  service
members who are unable to  perform  their  military  duties  for  conditions
discovered  within  the  first  six  months  of  enlistment.   The   Medical
Consultant opines had his condition been known, he probably would  not  have
been accepted into active duty military service.

The 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 on 16  May
08 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice.  We took notice of the applicant’s
complete submission in judging the merits of the case, however; we agree
with the opinion 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.  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 probable 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 19 Aug 08 under the provisions of AFI 36-2603:

           Ms. Cathlynn B. Novel, Panel Chair
           Ms. Debra K. Walker, Member
           Mr. Grover L. Dunn, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2008-01020:

    Exhibit A.  DD Form 149, dated 4 Mar 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 9 May 08.
    Exhibit D.  Letter, SAF/MRBR, dated 16 May 08.



      CATHLYNN B. NOVEL
      Panel Chair


Similar Decisions

  • AF | BCMR | CY2004 | BC-2003-03089

    Original file (BC-2003-03089.DOC) Auto-classification: Denied

    The determination that it existed prior to service was based on his report that the condition existed since the 7th grade. Exhibit C. Letter, BCMR Medical Consultant, dated 30 Apr 04. Exhibit D. Letter, SAF/MRBR, dated 12 May 04.

  • AF | BCMR | CY2001 | 9500026

    Original file (9500026.doc) Auto-classification: Denied

    _______________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant evaluated this application and recommends that the applicant’s request be denied. ___________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the...

  • AF | BCMR | CY2003 | BC-2002-02345

    Original file (BC-2002-02345.DOC) Auto-classification: Denied

    The PEB recommended that he be discharged. On 31 Jul 01, the IPEB found him unfit for further military service based on a diagnosis of asthma and recommended that he be discharged with severance pay, with a compensable rating of 10%. He was diagnosed with asthma based on a clinical history consistent with the disease and positive methacholine bronchoprovocation testing.

  • AF | BCMR | CY2007 | BC-2006-03280

    Original file (BC-2006-03280.DOC) Auto-classification: Denied

    On 13 September 2006, the applicant’s commander recommended the applicant’s discharge for erroneous enlistment. 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. The BCMR Medical Consultant evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force...

  • AF | BCMR | CY2003 | BC-2002-01757

    Original file (BC-2002-01757.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01757 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214 (Certificate of Release or Discharge from Active Duty), Block 28, Narrative Reason for Separation, be changed from “Erroneous Enlistment.” ___________________________________________________________________ APPLICANT...

  • AF | BCMR | CY2005 | BC-2003-02027A

    Original file (BC-2003-02027A .doc) Auto-classification: Approved

    The applicant’s complete submission, with attachments, is at Exhibit L. Information extracted from applicant’s rebuttal submission reveals he was found medically qualified for enlistment in the Air Force Reserve by the HQ Air Force Reserve Command Surgeon on 8 February 2005, with an approved waiver. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant is of the opinion that no change in the applicant’s record is warranted. ...

  • AF | BCMR | CY2014 | BC 2014 03356

    Original file (BC 2014 03356.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03356 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of 2Q (Personnel medically retired or discharged) be changed to allow reentry in the military. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at...

  • AF | BCMR | CY2005 | BC-2003-02027-2

    Original file (BC-2003-02027-2.doc) Auto-classification: Approved

    The applicant’s complete submission, with attachments, is at Exhibit L. Information extracted from applicant’s rebuttal submission reveals he was found medically qualified for enlistment in the Air Force Reserve by the HQ Air Force Reserve Command Surgeon on 8 February 2005, with an approved waiver. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant is of the opinion that no change in the applicant’s record is warranted. ...

  • AF | BCMR | CY2006 | BC-2005-00962

    Original file (BC-2005-00962.doc) Auto-classification: Denied

    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). 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. ...

  • AF | BCMR | CY2005 | BC-2005-00595

    Original file (BC-2005-00595.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00595 INDEX CODE: 111.00, 131.00 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 21 Aug 06 _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. _________________________________________________________________ APPLICANT CONTENDS THAT: His reactive airways disease is a direct...