RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00422
INDEX CODE: 100.03, 112.10
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His Reentry (RE) code of 2C (involuntarily separated with an
honorable discharge; or entry level separation without
characterization of service) be changed to a code that will
enable him to join the United States Navy (USN).
________________________________________________________________
THE APPLICANT CONTENDS THAT:
His discharge was inequitable because it was based on one
isolated incident against him. His discharge was based on him
having asthma and lying about it. He did inform his recruiter
of a condition of asthma at age 2; however, he has not had any
episodes since.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 19 Dec 07 discharge,
discharge correspondence and medical records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letters prepared by the appropriate offices of the Air Force.
________________________________________________________________
THE AIR FORCE EVALUATION:
AETC/SGP recommends denial stating, in part, that they concur
with the current narrative of separation of fraudulent
enlistment and based on recent asthmatic symptoms, they do not
support a second opportunity for military service.
A review of the applicants medical records indicates he had
asthma from age 2 7 treated with inhalers. While his
statements suggest he had no further problems with asthma or
respiratory symptoms, they are inaccurate. From his time in
basic training, he actually experienced repeated symptoms of
asthma and had a thorough examination by Pulmonary/Allergy
specialists. His records indicated that he avoided exertion
activity to prevent asthma flares growing up and once he entered
basic training, he had repeated symptoms similar to those during
his childhood. He was definitely diagnosed with moderate
persistent asthma and discharged both for current symptoms as
well as failure to disclose his past history.
The complete AETC/SGP evaluation is at Exhibit C.
AFPC/DPSOS recommends denial, stating in part, the discharge was
consistent with the procedural and substantive requirements of
the discharge instruction and was within the discretion of the
discharge authority.
The applicants commander notified him on 17 Dec 07 that he was
recommending his discharge from the Air Force for fraudulent
entry. The applicant intentionally withheld a prior service
medical condition. Specifically, the applicant had a history of
asthma which he failed to disclose on his pre-enlistment
documents. Based upon the applicants failure to disclose his
prior service medical condition, his commander recommended an
entry level separation.
The applicant acknowledged receipt and was afforded an
opportunity to submit statements in his own behalf. The
discharge authority approved the separation and directed an
entry level separation (uncharacterized) discharge.
The complete AFPC/DPSOS evaluation is at Exhibit D.
AFPC/DPSOA recommends denial, stating, in part, the applicants
RE code of 2C is driven by his entry level separation with
uncharacterized service.
The RE code 2C is required based on the entry level separation
with uncharacterized service per AFI 36-2606, Reenlistment in
the USAF, chapter 3. The applicant does not state his RE code
is wrong, nor does he provide any evidence of an error or
injustice in reference to his RE code. He states that he wants
an RE code of 1#; however, the only 1# RE code a member can
separate with is 1J (eligible to reenlist, but elects
separation) and he cannot be awarded a RE code 1J as he was not
selected for reenlistment by his commander under the Selective
Reenlistment Program (SRP); nor was he eligible for
consideration.
The complete AFPC/DPSOA evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 15 Oct 10 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit F).
________________________________________________________________
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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinions and recommendation
of the Air Force offices of primary responsibility and adopt
their 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 basis to recommend granting the relief sought in this
application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified 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 AFBCMR Docket
Number BC-2010-00422 in Executive Session on 18 November 2010,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jan 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 19 Apr 10.
Exhibit D. Letter, AFPC/DPSOS, dated 14 Sep 10.
Exhibit E. Letter, AFPC/DPSOA, dated 15 Sep 10.
Exhibit F. Letter, SAF/MRBR, dated 15 Oct 10.
Panel Chair
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