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 doctors 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 applicants 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 applicants 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 applicants 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 applicants 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 applicants 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 applicants 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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