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AF | BCMR | CY2014 | BC 2014 01153
Original file (BC 2014 01153.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01153

			COUNSEL:  NONE
	
			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His Type of Separation, Character of Service, Separation Code, 
and Narrative Reason for Separation be corrected on his DD Form 
214, Certificate of Release or Discharge from Active Duty.


APPLICANT CONTENDS THAT:

He joined the Air Force right out of High School to help serve 
his country.  In High School he was a multiple sport athlete 
running Varsity Cross Country and Track and playing Varsity 
Baseball and Basketball.  Sports had always been a major part of 
his life and he had excelled in them for as long as he can 
remember.  This continued during Basic Training as he excelled 
in physical training (PT) and was even in the top five of his 
training flight.  

Only after transitioning to technical training school did things 
change.  He developed an illness and began having trouble 
breathing during PT.  After following a doctor’s recommendation 
to be tested for asthma, he was shocked to be diagnosed with 
asthma.  

After being discharged he sought out specialists to do follow-up 
testing and the Asthma results came back negative.  He submitted 
those results to the Air Force along with a request for his 
local Congresswoman in hopes of returning to the Air Force, but 
was declined.  

In support of his request, the applicant provided copies of his 
military medical records, DD Form 214, pulmonary test results, 
and a letter from his local Congresswomen. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 25 Sep 
07.

On 20 Jan 08, the applicant’s commander recommended him for 
discharge for Erroneous Enlistment under the provisions of AFI 
36-3208, Administrative Separation of Airmen, Chapter 5, 
paragraph 5.14.  The reason for this action was based a 
preexisted condition of Asthma.  

On 20 Jan 08, the applicant waived his right to consult counsel 
and to submit statements on his behalf.

On 24 Jan 08, the Assistant Staff Judge Advocate reviewed the 
case and found it to be legally sufficient to support 
separation.

On 5 Feb 08, the discharge authority approved an Entry Level 
Separation without Probation or Rehabilitation.

On 7 Feb 08, the applicant was furnished an Uncharacterized 
discharge, and was credited with 4 months, and 13 days of active 
service.   

The remaining relevant facts pertaining to this application are 
contained in the memorandums prepared by the Air Force office of 
primary responsibility (OPR), which are attached at Exhibit C 
and D.    

AIR FORCE EVALUATION:

AETC/SGPS recommends denial indicating there is no evidence of 
an error or an injustice.  A review of the applicant’s records 
reveal he was seen at the Reid Clinic complaining of wheezing 
with exercise for the past few years which was not disclosed at 
the time of his MEPS physical.  The applicant told providers he 
received relief with Xopenex MDI prescribed on a previous visit.  
The applicant declined a HQ AETC/SGPS review for a waiver to 
remain in the Air Force.  The applicant stated he understood the 
diagnoses and treatment plan.  Based on the documentation on 
file in the applicant’s records, they find the separation was 
done in accordance with established policy and administrative 
procedures.  Should the applicant meet the DoDI accession 
standards for a history of asthma, he can contact a recruiter 
and reapply to reenter military service.

A complete copy of the AETC/SGPS evaluation is at Exhibit C.

AFPC/DPSOR recommends denial indicating there is no evidence of 
an error or an injustice.  Medical authorities concluded the 
applicant had a pre-existing condition that would have precluded 
him from joining the Air Force had this condition been made 
known.  The applicant’s service characterization is correct as 
reflected on his DD Form 214.  Airmen given an Entry-Level 
separation with an Uncharacterized service characterization when 
separation is initiated in the first 180 days continues active 
service.  The DoD determined if a member served less than 180 
days, it would be unfair to the member and the service to 
characterize their limited service.  

Based on the documentation on file in the master personnel 
records, the discharge to include the Type of Separation, 
Character of Service, Separation Code, and Narrative Reason for 
Separation was appropriately administered and within the 
discretion of the discharge authority.    

A complete copy of the AFPC/DPSOR evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 29 Sep 14 for review and comment within 30 days 
(Exhibit D).  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.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinions and 
recommendations of the Air Force offices of primary 
responsibility (OPR) and adopt their rationale as the basis for 
our conclusion the applicant has not been the victim of an error 
of injustice.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the requested 
relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2014-01153 in Executive Session on 26 Feb 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 17 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AETC/SGPS, dated 22 Apr 14
	Exhibit D.  Memorandum, AFPC/DPSOR, dated 30 Apr 14.
	Exhibit E.  Letter, SAF/MRBR, dated 29 Sep 14.

						





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