ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02620
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 4C (Approved involuntary separation for concealment/physical standards) be changed.
_________________________________________________________________
RESUME OF CASE:
On 26 Jan 11, the Board for Corrections of Military Records (BCMR) considered and denied the applicants request to change his RE code. For an accounting of the facts and circumstances surrounding the applicants request; and, the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit G (with Exhibits A and F).
By letter, dated 7 Mar 12, the applicant submitted a request for reconsideration. He received the final decision of his original request to have his RE code changed in February. In Nov 11, he was given a metacholine asthma test and the results came back negative. The test results is the best supporting evidence he has in support of his case. The evidence submitted in support of the appeal is at Exhibit H.
In support of the appeal, the applicant provides a personal statement, a copy of his methacholine test results, and a letter from the Maryland Asthma & Allergy Center.
The applicants complete submission, with attachments, is at Exhibit J.
_________________________________________________________________
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. In an earlier finding, the Board determined that there was insufficient evidence to warrant any corrective action. After thoroughly reviewing the additional documentation submitted in support of his appeal and the evidence of record, we do not believe the applicant has overcome the rationale expressed in our previous decision. Additionally, the Board notes that the medical test the applicant submitted was not an exertion test; therefore, it is not accurate to disprove the asthma the applicant has experienced during military training and does not negate the applicants long history of asthma attacks, and treatment including hospitatization and intubation for asthma. Therefore, in view of the above, and in the absence of evidence to the contrary, we find no basis upon which to recommend favorable consideration of the applicants request.
_________________________________________________________________
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 AFBCMR Docket Number BC-2010-02620 in Executive Session on 26 Jan 11, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit G. Record of Proceedings, dated 1 Mar 11, w/atchs.
Exhibit H. Letter, Applicant, dated 7 Mar 12, w/atch.
Panel Chair
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