RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03411
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Air Force wrongfully diagnosed him with asthma. He does not now or
ever have asthma. He has provided documentation from his physician stating
he does not have asthma.
In support of his request, the applicant provides a statement, 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 1 Jul 08, the applicant contracted his enlistment in the Regular Air
Force. He was progressively promoted to the grade of airman first class
having assumed the grade effective and with a date of rank of 15 Aug 08.
On 5 Feb 09, 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 waived his right
to legal counsel and 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 honorable discharge
without probation and rehabilitation (P&R).
On 12 Feb 09, the discharge authority directed discharge with an honorable,
without P&R. He was discharged on 13 Feb 09.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends denial. SGPS does not support a change in the RE
code. They further state 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/DPSOA recommends denial of the request for a change in the RE code.
DPSOA states the RE code the applicant received is appropriate based on him
being involuntarily separated with an honorable discharge and is not
affected by his current or previous medical status.
The complete AFPC/DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluation were forwarded to applicant on 4 Feb 11
for review and comment within 30 days. As of this date, no response has
been received by this office (Exhibit E).
_________________________________________________________________
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 his 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 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-
03411 in Executive Session on 13 Apr 11, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Sep 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AETC/SGPS, dated 22 Nov 10.
Exhibit D. Letter, HQ AFPC/DPSOA, dated 5 Jan 11.
Exhibit E. Letter, SAF/MRBR, dated 4 Feb 11.
Panel Chair
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