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AF | BCMR | CY2011 | BC-2010-02525
Original file (BC-2010-02525.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-02525

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    His narrative reason for  separation  “Erroneous  Entry  (Other)”  be
changed.

2.    His separation program designator  (SPD)  code  of  “JKC”,  Erroneous
Entry be changed.

3.    His reenlistment (RE) code of “2C”, involuntarily separated  with  an
honorable discharge, or entry-level separation without characterization  of
service be changed to allow him to reenter military service.

4.    His uncharacterized entry-level separation be changed to an honorable
discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force wrongfully diagnosed  him  with  asthma.   He  has  never  had
asthma or asthma like symptoms.

In support  of  his  request,  the  applicant  provides  a  statement,  two
character references, and a letter from his civilian physician, and  copies
of documents extracted from his military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 24 Jun 08, the applicant contracted his enlistment in  the  Regular  Air
Force.

On 19 Sep 08, the applicant was seen at the medical treatment facility for
shortness of breath after running during basic  military  training  (BMT).
On 22 Sep 10, he was administered  and  failed  a  methacholine  challenge
test.  He was prescribed an  inhaler  and  declined  a  waiver  review  by
AETC/SGPS, and was processed for separation.

On  20  Oct  08,  the  applicant’s  commander  notified  him  that  he  was
recommending his discharge from the Air  Force  for  Erroneous  Enlistment.
The specific  reason  for  the  discharge  action  was  the  applicant  was
diagnosed with a medical condition (asthma) which was  determined  to  have
existed prior to him entering military service.

His commander advised him of his rights in this matter.  On  21 Oct 08,  he
acknowledged receipt of the notification of discharge and, after consulting
with legal counsel, waived his right to  submit  a  statement  in  his  own
behalf.

The legal office reviewed the case  and  found  it  legally  sufficient  to
support  separation  and  recommended  separation   with   an   entry-level
separation.

On 30 Oct 08, the discharge authority directed  discharge  with  an  entry-
level separation.  He was discharged on 31 Oct 08.

_________________________________________________________________

AIR FORCE EVALUATION:

AETC/SGPS recommends denial.   SGPS  states  applicant  does  not  meet  the
current medical criteria for military service.  The  applicant’s  separation
was processed in accordance with the established policy  and  administrative
procedures.

The complete AETC/SGPS evaluation is at Exhibit C.

AFPC/DPSOS reviewed this application and recommends  denial.   DPSOS  states
Airmen are given an  entry-level  separation  with  uncharacterized  service
characterization when separation is initiated with the  first  180  days  of
continuous active service.  It was determined by the Department  of  Defense
(DOD) that if a member served  less  than  180  days  of  continuous  active
service, it would be unfair to the member and the  service  to  characterize
their limited service.  In addition, the discharge was consistent  with  the
procedural and substantive requirements of  the  discharge  instruction  and
was within the discretion of the discharge  authority.   The  applicant  has
not submitted any evidence or  identified  any  errors  or  injustices  that
occurred in the discharge processing.  He provided no  facts  to  warrant  a
change to his discharge.

The complete AFPC/DPSOS evaluation is at Exhibit D.

AFPC/DPSOA recommends denial of the portion of the request for a  change  in
the  RE  code.   DPSOA  states  the  RE  code  the  applicant  received   is
appropriate based on him being  separated  with  an  entry-level  separation
with uncharacterized service.

The complete AFPC/DPSOA evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to applicant on 7  Jan  11
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 an error or an injustice.  We took notice of  the  applicant's
complete submission in judging the merits of the case;  however,  we  agree
with the opinions and the recommendations  of  the  Air  Force  offices  of
primary responsibility and adopt their  rationale  as  the  basis  for  our
conclusion that the applicant has failed to sustain her burden of proof  of
the existence of either an error  or  injustice.   There  was  no  evidence
submitted or  located  in  the  applicant’s  military  records  showing  an
injustice or error occurred in the discharge process.  We further note that
no justification was provided to warrant a change in  the  characterization
of service, narrative reason for separation or RE code.  Therefore, in view
of the above, we find no 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 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-
02525 in Executive Session on 1 Mar 11, under the  provisions  of  AFI  36-
2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Apr 10, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AETC/SGPS, dated 3 Aug 10.
    Exhibit D.  Letter, HQ AFPC/DPSOS, dated 26 Nov 10.
    Exhibit E.  Letter, HQ AFPC/DPSOA, dated 16 Dec 10.
    Exhibit F.  Letter, SAF/MRBR, dated 7 Jan 11.





                                             Panel Chair

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