RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05374
		COUNSEL:  NONE
		HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

Her uncharacterized service be changed.

Her narrative reason for separation (Erroneous Entry – Other) be 
changed.


APPLICANT CONTENDS THAT:

She was discharged for medical reasons - asthma/bronchitis and 
migraines.  She completed Basic Military Training (BMT) and 
failed the asthma test and was released from the Air Force.  She 
is a single mother and cannot receive Veteran’s benefits until 
this error is corrected.

The applicant's complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 27 November 
2007.

The applicant was notified by her commander of his intent to 
recommend that she be discharged from the Air Force under the 
provisions of AFPD 36-32 and AFI 36-3208.  The specific reason 
was the applicant’s diagnosis of asthma which was well within 
180 days of entry into military service.  According to DoD 
guidance, signs or symptoms of chronic disease identified within 
the first 180 days of service will be accepted as proof that the 
disease manifested prior to entrance into service.  Asthma is a 
disqualifying condition for enlistment and therefore, she should 
not have been allowed to enlist.

She was advised of her rights in this matter and waived her 
right to consult with counsel and to submit a statement on her 
own behalf.  In a legal review of the case file, the assistant 
staff judge advocate found the case legally sufficient and 
recommended discharge.  The discharge authority concurred with 
the recommendation and directed the applicant be discharged.  
The applicant was discharged on 15 April 2008 with an entry 
level separation.  She served 4 months and 19 days on active 
duty.


AIR FORCE EVALUATION:

AETC/SGPS recommends denial.  SGPS states during Basic Military 
Training (BMT) she noted that she was having periods of chest 
tightness and shortness of breath.  At first it was thought to 
be bronchitis and she was given an inhaler.  She was using it 
prior to exercise and at night to sleep.  As it was persistent 
she was seen in the allergy clinic where she was administered a 
methacholine challenge test which was positive, indicating 
asthma.  Even though she had no symptoms of asthma prior to 
entering the service, it was determined to have existed prior to 
service and she was processed for separation.

Based on the documentation on file in the applicant’s records, 
this office finds the separation was done in accordance with 
established policy and administrative procedures.  The diagnosis 
is disqualifying for military service, it existed prior to and 
was aggravated by exercise.

The complete SGPS evaluation is at Exhibit C.

AFPC/DPSOR recommends denial.  DPSOR states the circumstances 
surrounding the diagnosis of a pre-existing medical condition 
require the applicant be discharged under the category of 
“Erroneous Entry” since the individual would have not been 
allowed entry into the Air Force if the relevant facts of the 
medical condition had been made known prior to enlistment.  
Therefore, the narrative reason for separation and the 
separation program designator (SPD) code as indicated on the 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, are correct.  The applicant's service characterization is 
also correct.  Airmen are given entry-level 
separation/uncharacterized service characterization when 
separation is initiated in the first 180 days continuous active 
service for disqualifying medical conditions determined to have 
existed prior to service and not eligible for processing under 
AFI 36-3212, Physical Evaluation for Retention, Retirement, and 
Separation.  The Department of Defense (DoD) determined if a 
member served less than 180 days continuous active service, it 
would be unfair to the member and the service to characterize 
their limited service.  Therefore, the uncharacterized character 
of service is correct and in accordance with DoD and Air Force 
instructions.




Based on the documentation on file in the master personnel 
records, the discharge to include the SPD code, narrative reason 
for separation and character of service was appropriately 
administered and within the discretion of the discharge 
authority.  The applicant did not provide any evidence that an 
error or injustice occurred in the processing of her discharge.

The complete DPSOR evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 August 2014, copies of the Air Force evaluations were 
forwarded to the applicant for review and response within 
30 days (Exhibit E).  As of this date, no response has been 
received by this office. 


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 an error or injustice warranting 
her uncharacterized service be changed.  We took notice of the 
applicant's complete submission in judging the merits of the 
case; however, we agree with the opinion and recommendation of 
the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion the applicant has 
failed to sustain his burden of proof of the existence of an 
error or injustice.  In accordance with governing directives, 
airmen are given entry-level separation/uncharacterized service 
characterization when separation is initiated in the first 
180 days continuous active service.  Therefore, in the absence 
of evidence to the contrary, we find no basis to recommend 
granting the relief sought in this application.

4.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice warranting 
partial relief.  After a thorough review of the facts and 
circumstances of this case, we believe the applicant has been 
the victim of an injustice.  We note the comments of the Air 
Force office of primary responsibility, indicating even though 
the applicant had no symptoms of asthma prior to entering the 
service, it was determined to have existed prior to service and 
she was processed for separation.  However, we believe she has 
raised sufficient doubt regarding the equity and accuracy of the 
narrative reason.  In this respect, we found no evidence of 
reported history of asthma prior to entering the service.  We 
believe that this results in an injustice to the applicant, and 
it is appropriate to resolve this issue in her favor.  
Accordingly, we recommend her records be corrected to the extent 
indicated below.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that on 
15 April 2008, she was discharged under the provisions of AFI 
36-3208, paragraph 1.2, (Secretarial Authority) with a 
Separation Program Designator (SPD) code of JFF.


The following members of the Board considered AFBCMR Docket 
Number BC-2013-05374 in Executive Session on 16 September 2014, 
under the provisions of AFI 36-2603:


All members voted to correct the record, as recommended.  The 
following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 10 November 2013.
  Exhibit B.  Available Master Personnel Records.
  Exhibit C.  Letter, AETC/SGPS, dated 23 December 2013.
  Exhibit D.  Letter, AFPC/DPSOR, dated 9 January 2014.
  Exhibit E.  Letter, SAF/MRBR, dated 1 August 2014.