RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-01413
      COUNSEL: NONE
	                      			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His reentry (RE) code of “2C” (Involuntarily separated with an 
honorable discharge; or, entry-level separation without 
characterization of service) and narrative reason for separation 
(Erroneous Entry), be changed to allow him to reenter the 
military.  

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APPLICANT CONTENDS THAT:

His separation was unjust and improper based on his medical 
diagnosis.  To this day, he has never had any symptoms related 
to, or associated with Asthma.  Once he was diagnosed, he was 
never counseled on any options for continuing his military 
service.  His doctors indicated that his separation was 
practically impossible to appeal, was not worth appealing, and 
that he should accept his separation.  He has been employed with 
the Transportation Security Administration for six plus years 
without ever having pulmonary issues.  He has completed the 
physical agility portion of the entrance testing for the US 
Customs and Border Patrol, which is roughly the equivalent to 
the testing he passed during his Basic Military Training.  His 
separation took away his opportunity to serve his country 
through a military career, and prevents his reentry into any of 
the Armed Forces, to include the Reserves.  

In support of his appeal, the applicant provides several copies 
of military and civilian medical records.  

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

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STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
entered active duty on 29 March 2005.  On 24 June 2005, while 
participating in Security Forces training, the applicant was 
seen in a clinic for Dyspnea, which he had been experiencing for 
two weeks while exercising and at rest.  He was administered and 
failed a Methacholine challenge test in which his symptoms were 
reversed with a bronchodilator.  Based on this evaluation, it 
was felt by the provider that the applicant did have Asthma.  

On 15 August 2005, the applicant was notified of his commander’s 
intent to recommend him for discharge for Erroneous Enlistment 
under the provisions of Air Force Program Directive 36-32 and 
Air Force Instruction 36-3208, paragraph 5.14.  The applicant 
acknowledged his commander’s intent and waived his rights to 
consult counsel and to submit statements in his own behalf.  On 
22 August 2005, after the Chief, Adverse Actions found the case 
to be legally sufficient; the discharge authority approved the 
recommended discharge.  

The applicant was released from active effective 26 August 2005 
in the grade of airman first class (E-3) with an uncharacterized 
entry-level separation and an RE code of “2C.”  He served 
4 months and 28 days on active duty.  

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AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR states the applicant’s 
service characterization is correct as reflected on his DD Form 
214, Certificate of Release or Discharge from Active Duty, and 
is in accordance with Department of Defense (DoD) and Air Force 
Instructions.  Airmen are given an uncharacterized entry-level 
discharge when separation is initiated in the first 180 days of 
continuous active service.  

DPSOR indicates the applicant should not have been allowed to 
join the Air Force because of his condition of Asthma.  Had the 
Air Force known of his condition at the time of his enlistment, 
he would not have been allowed entry into the military.  The 
military environment is unique and stressors encountered in such 
an environment may not appear or surface when removed from the 
military environment.  

Based on the documentation on file in the master personnel 
records, the discharge was consistent with the procedural and 
substantive requirements of the discharge regulation and was 
within the discretion of the discharge authority.  

The complete DPSOR evaluation is at Exhibit C.  

AFPC/DPSOA recommends denying the applicant’s request to change 
his RE code.  DPSOA states the applicant’s RE code is required 
based on the entry-level separation with uncharacterized 
service.  The applicant does not provide any evidence of an 
error or injustice in reference to his RE code.  

The complete DPSOA evaluation is at Exhibit D.  

AETC/SGPS recommends approving the applicant’s request only if 
current testing shows he meets DoD Instruction criteria for a 
waiver to enter the military service.  SGPS states that after 
being diagnosed with Asthma, the applicant declined a case 
review to consider a waiver to remain on active duty.  

The complete SGPS evaluation is at Exhibit E. 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was a naïve young airman, fresh from basic training, with a 
“do as you are told” mindset; therefore, he signed the various 
forms handed to him because the doctor told him he had Asthma, a 
condition he had never had before.  He did not realize that he 
had an option for continuing his service because the doctor told 
him he would not get a waiver for Asthma.  

He notes that AETC/SGPS indicates that if current testing shows 
he meet the DoD Instruction criteria for a waiver to enter the 
military service, then he should be allowed to.  Therefore, he 
is providing a current Pulmonologist report.  

The applicant’s complete rebuttal, with attachment, is at 
Exhibit G.  

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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.  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 find his separation was processed in 
accordance with established policy and procedure.  The contested 
RE code is required based on his entry-level separation with 
uncharacterized service.  We note AETC/SGPS recommends that 
should current testing show he meets DoD Instruction for a 
waiver to enter military service, he should be allowed to do so.  
However, we note the RE code the applicant received is a 
waiverable code based upon the needs of the Air Force.  If the 
Air Force is interested in the applicant’s skills, they have the 
capability to waive his RE code and administer the necessary 
fitness tests.  Therefore, based on the foregoing and in the 
absence of evidence to the contrary, the Board finds no basis 
upon which to recommend granting the relief sought.

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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.

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Although              chaired the panel, in view of her 
unavailability -                has agreed to sign as 
Acting Panel Chair.  The following members of the Board 
considered AFBCMR Docket Number BC-2013-01413 in Executive 
Session on 16 January 2014, under the provisions of AFI 36-2603:

	                   , Vice Chair
	                   , Member
	                   , Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2013-01413:

Exhibit A.  DD Form 149, dated 15 Feb 13, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, AFPC/DPSOR, dated 9 May 13.
Exhibit D.  Letter, AFPC/DPSOA, dated 11 Jun 13.
Exhibit E.  Letter, AETC/SGPS, dated 13 Aug 13, w/atch.
Exhibit F.  Letter, SAF/MRBR, dated 30 Aug 13.
Exhibit G.  Letter, Applicant, not dated, w/atch.




                   
Acting Panel Chair





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