RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02501
            INDEX CODE:  110.02
            COUNSEL:
            HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His reentry (RE) code of 2Q (Personnel medically retired or  discharged)  be
changed to a waiverable code so that he can reenlist.

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APPLICANT CONTENDS THAT:

His physicians wrote letters stating his asthma was under control and  would
not affect his duty performance.  He believes there are people  in  the  Air
Force with asthma and it is not fair he was pushed out.   He  feels  he  was
one of the best enlisted personnel in his squadron  and  he  would  like  to
continue his career.

In support of the application, the applicant  submits  medical  reports  and
support letters.

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

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STATEMENT OF FACTS:

The applicant enlisted in the  Regular  Air  Force  on  17  Feb  99.   After
completion of Basic Military Training and Technical School, he was  assigned
duties as a Security Forces Journeyman.

On 6 Jan 03, the MEB referred the applicant’s case to the Informal  Physical
Evaluation Board (IPEB).  On 21 Jan 03, the IPEB found the  applicant  unfit
due to physical disability and recommended he be discharged.  On 25 Apr  03,
the Secretary of the Air Force directed  the  applicant  be  discharged  and
receive severance pay with a disability rating of 10 percent.

The applicant was honorably discharged on 9 Jun 03 with a  narrative  reason
for separation of disability,  severance  pay  (10 percent).   He  served  4
years, 3 months and 23 days on active duty.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate offices of the Air Force at Exhibits C and D.

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AIR FORCE AND BCMR MEDICAL CONSULTANT EVALUATIONS:

HQ AFPC/DPSOA recommends denial.  DPSOA states the applicant  was  medically
discharged on 9 Jun 03 with  $13,994  in  severance  pay  and  an  honorable
character of service.  On 25 Apr 03, the  Physical  Evaluation  Board  (PEB)
directed he be discharged  and  receive  severance  disability  pay  with  a
disability rating of 10 percent after finding his asthma  incompatible  with
the rigors of military service.

The complete DPSOA evaluation is at Exhibit C.

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states the applicant has been diagnosed with a medical  condition  that  has
likely been brought under reasonable control since separation from  military
service.  However, it is not known whether he continues  to  require  and/or
utilize  the  treatment  regimen  prescribed  to  him  during  his  military
service; as, to paraphrase his military physician, his condition should  not
be a problem as long as he remains on his medications.  His record  reflects
he has multiple known triggers for  his  shortness  of  breath,  which  have
included physical exertion, pollens (grass, trees), and molds.  The  Medical
Consultant  opines  that  although  the  applicant  likely  has  the   right
motivation and mental toughness to  pursue  military  service,  his  medical
condition continues to pose an  unreasonable  risk  for  a  life-threatening
exacerbation of his reactive airway disease.  The Medical  Consultant  finds
this  concern  particularly  relevant  in  the  context   of   the   austere
operational environments and  extreme  physical  stressors  confronting  all
members of today’s  combat  Air  and  Space  Expeditionary  Force;  and  not
sparing a particular Service component or career field.   Further,  although
the previous recommendations to retain the  applicant  on  active  duty  may
have had some merit prior to his separation, the  restrictions  imposed  for
performing indoor duty precluded his utilization as a Total Force asset  for
the  foreseeable  future.   The  applicant’s  well-documented   history   of
reactive  airway  disease  during  a   previous   period   of   service   is
disqualifying for reentering military service; and likely not  in  the  best
interest of the Air Force to override.

The BCMR Medical Consultant’s evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the  Air  Force  and  BCMR  Medical  Consultant  evaluations  were
forwarded to the applicant on 29 Jan 10, for review and  comment  within  30
days.  As of this date, this office has received no response (Exhibit E).

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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 error or injustice.  After a thorough review  of  the  evidence
of record, we are not persuaded the applicant’s RE code  should  be  changed
to a waiverable code which would allow him to return  to  military  service.
Therefore, we agree with the opinions and recommendations of the  Air  Force
office of primary responsibility and the BCMR Medical Consultant  and  adopt
their rationale as the basis for our conclusion the applicant has  not  been
the victim of an error or injustice.  Thus, in the absence  of  evidence  to
the contrary, we find no basis to recommend granting the  relief  sought  in
this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

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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.

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The following members of the Board considered this application in  Executive
Session on 8 Apr 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered in AFBCMR BC-2009-02501:

      Exhibit A.  DD Form 149, dated 30 Jun 09, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPSOA, dated 29 Sep 09.
      Exhibit D.  Letter, BCMR Medical Consultant, dated 28 Jan 10.
      Exhibit E.  Letter, SAF/MRBR, dated 29 Jan 10.




                                   Panel Chair