RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02514
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected to change his Separation Program Designator
(SPD) Code JDA, Fraudulent Entry into Military Service and
Re-entry (RE) code of 2C, Approved Honorable Involuntary
Separation or Entry Level Separation, to allow him to apply for
reentry into another branch of service.
________________________________________________________________
APPLICANT CONTENDS THAT:
His separation was based on medical misinformation and he would
like his DD Form 214 changed to allow him to reenlist in the
military. He did not report having asthma or Attention Deficit
Hyperactivity Disorder (ADHD) during his MEPS physical. He
takes full responsibility for not stating he had ADHD. He was
excited about serving his country and forgot to mark it down.
Regarding the asthma; he was told that he had reactive airway
disease (RAD). It was not until later that he was told it was
asthma. He should have remembered and documented it with the
MEPS Doctor.
In support of his request, the applicant provides a written
statement, copy of his DD Form 214 and other supporting
documentation.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on
21 September 2010.
On 8 October 2010, his commander notified him that he was
recommending him for discharge under the provisions of Air Force
Policy Directive (AFPD) 36-32, Military Retirements and
Separations and Air Force Instruction (AFI) 36-3208 Administrative Separation of Airmen, Chapter 5, Section C,
Defective Enlistments. Specifically, he did not meet the
medical requirements to enlist. On 8 October 2010, the
applicant acknowledged receipt of the commanders intent to
discharge him and waived his right to consult counsel and submit
statements on his own behalf. Subsequent to the file being
found legally sufficient the discharge authority approved the
recommendation and directed that the applicant be discharged
with an entry-level separation.
The applicant was discharged effective 15 October 2010 with an
entry level separation. He was credited with serving 5 months
and 7 days on active duty.
________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS supports a change in the RE code. SGPS states that at
the time the separation was done it was in accordance with
established policy and administrative procedures. Since the
applicant has had a negative methacholine challenge test and has
not been treated for ADHD since 2008, they can support a change
in his RE code.
The complete AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOS recommends denial. DPSOS states based on the
documentation on file in the master personnel records, the
discharge was consistent with the procedural and substantive
requirements of the discharge instruction and was within the
discretion of discharge authority.
The applicant did not submit any evidence or identify any errors
or injustices that occurred in the discharge processing. He
provided no facts warranting a change in his narrative reason
for separation.
The complete DPSOS evaluation is at Exhibit D.
AFPC/DPSOA recommends denial. DPSOA states the RE Code 2C is
required based on the entry level separation with
uncharacterized service and the applicant does not provide any
evidence of an error or injustice in reference to his RE Code.
HQ AETC/SG states their office can support a change in his RE
Code to allow him to reapply for military service. However, the
RE Code 2C is not driven by a medical condition and HQ AETC/SG
(medical community) does not have authority or any valid input
as to the correctness or recommended changes to the RE Code.
They are qualified to recommend the applicant be given an
opportunity to be medically screened for reentry into military
service based on his current medical status (if otherwise
eligible). A waiver of the RE Code 2C from recruiting services
based on medical communitys recommendation would be more
appropriate.
DPSOA states if the Boards decision is to provide a change of
RE code, the only other option for applicants RE Code is 3K
Reserved for use by HQ AFPC or the AFBCMR when no other
reenlistment eligibility code applies or is appropriate, which
would still require a waiver from recruiting services.
The complete DPSOA evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In a letter dated 4 January 2012, the applicant reiterates his
contention that he did not disclose having asthma or ADHD during
his MEPS physical because he was never formally diagnosed with
either condition. As a child, he was diagnosed with mild
Reactive Airway Disease (RAD) not asthma. Neither he nor his
parents were aware that asthma had been written in his medical
records until it became an issue during BMT. Also as a child,
he was tested for ADHD and was diagnosed with very mild symptoms
and was given a low dose of medication which he took for
approximately one month. The applicant states that upon his
discharge from the Air Force he immediately sought formal
testing for both illnesses. One test confirmed that he did not
have asthma and the ADHD test showed he has only mild symptoms
that do not require medication. It is his belief that he has
met the requirements to reapply for enlistment.
The applicant addresses the Air Force offices of primary
responsibility statements that he did not submit any evidence or
identify any errors or injustices that occurred in the discharge
processing by pointing out what he believes were questionable
medical ethics/treatment, lack of ability to communicate with
his parents, and coercion to sign the forms and ask questions
later. Additionally he points out that he was not given the
opportunity to review or sign his DD Form 214 when he was
discharged.
In closing he reiterates that he did not knowingly commit fraud
and asks that the reentry code and narrative reason for
separation be corrected so that he may serve his country in the
branch of service of his choice.
The applicants complete response with attachments is at
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 and do not find that it supports a determination that
the applicant was improperly separated from active duty in 2010.
The narrative reason for separation, separation code, and RE
code which were issued at the time of the applicants separation
accurately reflect the circumstances of his separation and we do
not find it to be in error or unjust. We took note of
AETC/SGPS evaluation; however, in view of the above and absent
persuasive evidence that the applicant was denied rights to
which entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we agree with the
opinions and recommendations of AFPC/DPSOS and AFPC/DPSOA and
adopt their rationale as the basis for our determination in this
case. Accordingly, the applicants request is not favorably
considered.
________________________________________________________________
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 this application
BC-2011-02514 in Executive Session on 2 February 2012, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 June 2011, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 27 July 2011.
Exhibit D. Letter, AFPC/DPSOS, dated 25 October 2011.
Exhibit E. Letter, AFPC/DPSOA, dated 29 November 2011.
Exhibit F. Letter, SAF/MRBR, dated 9 December 2011.
Exhibit G. Letter, Applicant, dated 4 January 2012.
Panel Chair
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