RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01815

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His entry-level separation on his DD Form 214, Certificate of 
Release or Discharge from Active Duty, be upgraded to allow him 
to re-enter the military.


APPLICANT CONTENDS THAT:

He was unjustly discharged based on a medical diagnosis of 
asthma.  After leaving the military, he went to a doctor who 
confirmed he had no signs of asthma.  He has medical evidence 
which proves he does not have a respiratory condition.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
26 Mar 13.

On 30 Apr 13, the applicant’s commander notified him that he was 
recommending him for discharge for fraudulent enlistment.  The 
reason for this action was for intentionally concealing a prior 
service medical condition, which if revealed, could have 
resulted in rejection of enlistment.

On 30 Apr 13, the applicant acknowledged receipt of the action 
and waived his rights to consult with legal counsel or submit 
statements on his own behalf.

On 2 May 13, the action was found to be legally sufficient and 
the discharge authority concurred with the commander’s 
recommendation.

On 3 May 13, the applicant was furnished an entry-level 
separation with uncharacterized character of service and a 
narrative reason for separation of “Discharge Fraudulent Entry 
into Military Service (Medical).”  Because the applicant was 
discharged for fraudulent entry, he was not credited any active 
service.

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


AIR FORCE EVALUATION:

AETC/SGPS recommends denial as it pertains to the applicant’s 
medical diagnosis, indicating there is no evidence of an error 
or an injustice.  A review of the applicant’s records and 
medical notes reveal he was diagnosed with exercise induced 
asthma at age 14 for which he was given an inhaler, but stated 
he never used it.  He started having symptoms during Basic 
Military Training (BMT) and was seen at the clinic where he was 
diagnosed with exercise-induced bronchospasm.  The applicant 
stated that he understood the diagnosis and treatment plan and 
was subsequently processed for an entry-level separation.  Based 
on the documentation on file in the applicant’s records, the 
separation was carried out in accordance with established policy 
and administrative procedures.

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

AFPC/DPSOR recommends denial of the applicant’s request to 
change his discharge to allow him to reenlist.  The applicant 
was involuntarily discharged for Fraudulent Entry for 
intentionally concealing a prior service medical condition 
(Asthma related symptoms), which if revealed, could have 
resulted in rejection of his enlistment.  Medical staff 
completed a chronological record of medical care form and 
provided to the commander information indicating that the 
applicant had a condition that was disqualifying for his 
enlistment.  Furthermore, the applicant’s civilian medical 
records for this condition were both dated prior to his 
enlistment.  Finally, the applicant was treated with inhalers 
and sent to Pulmonology as a civilian for exercise-induced 
asthma.  This shows a pre-existing condition that was not 
disclosed prior to entering the military.  Therefore, fraudulent 
enlistment was the correct basis for discharge.  Airmen are 
given entry–level separation/uncharacterized service when 
separation is initiated in the first 180 days of continuous 
active service.  The Department of Defense (DoD) determined if a 
member served less than 180 days continuous service, it would be 
unfair to the member and the service to characterize their 
limited service.  Therefore, the Separation Program Designator 
(SPD) code and narrative reason for separation are correct and 
in accordance with DoD and Air Force instructions.

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

The BCMR Medical Consultant recommends approval of the 
applicant’s request to change his RE code and narrative reason 
for discharge to allow him to pursue re-enlistment.  Based on 
the applicant’s clinical history from 2006 and his presentation 
during BMT, so soon after entering military service, it is more 
likely than not, his predisposition for a recurrent broncho-
reactive response to exertion, as he self-reported, existed 
prior to entering military service.  However, based upon the 
letter from the applicant’s mother and the reported lack of 
recollection of a breathing problem from the applicant, the 
Medical Consultant recommends reasonable doubt in favor of the 
applicant to change the narrative reason for discharge to Failed 
Medical Procurement Standards with a Separation Program 
Designator (SPD) code of JFW; noting the parent had greater 
accountability in the case.  

A complete copy of the BCMR Medical Consultant’s evaluation is 
at Exhibit E.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 5 Mar 15 for review and comment within 30 days 
(Exhibit F).  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 timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice to warrant 
correcting the applicant’s records to make him immediately 
eligible for enlistment.  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 AETC/SGPS and 
AFPC/DPSOR 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.

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an error or 
injustice warranting some degree of relief.  After a thorough 
review of the evidence of record and the BCMR Medical 
Consultant’s evaluation, we are of the opinion there was no 
deliberate deception on the part of the applicant upon his entry 
into the Air Force.  For this reason and to prevent a further 
burden with the stigma associated with the narrative reason 
currently reflected on his DD Form 214, we recommend it be 
changed to “Failed Medical Procurement Standards.”  Further, we 
note that because the applicant was originally discharged for 
fraudulent enlistment, that his period of service was not 
creditable as active service.  However, had the applicant 
instead originally been separated due to failing medical 
procurement standards, his period of service would have been 
reflected on his DD Form 214 as creditable active service.  
Therefore, in view of the fact that we have concluded that his 
record should be corrected to reflect that he was furnished an 
entry-level separation for failing medical procurement 
standards, we believe it also appropriate to further correct his 
records to reflect that his brief period of service was 
creditable active service.  While we note that these corrections 
will likely not result in him being eligible for enlistment, 
these corrections may allow him to pursue an enlistment waiver, 
provided he no longer suffers from a disqualifying condition.  
Whether or not the applicant is successful in obtaining a waiver 
for enlistment is based entirely on the needs of the Air Force 
and our recommendation in no way constitutes any guarantee of 
future service.  While we note this is not the relief the 
applicant seeks, we believe it is proper and fitting.  
Accordingly, we recommend his record be corrected to the extent 
indicated below.


THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show the 
following:

     a.  On 3 May 13, he was issued a narrative reason for 
separation of “Failed Medical Procurement Standards” and a 
separation program designator (SPD) code of “JFW” in conjunction 
with his entry-level separation with uncharacterized service.

     b.  Block 12(c), Net Active Service this Period, of his DD 
Form 214, Certificate of Release or Discharge from Active Duty, 
be corrected to reflect he was credited with 1 month and 19 days 
of total active service.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-01815 in Executive Session on 22 Apr 15, under 
the provisions of AFI 36-2603:


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01815 was considered:

	Exhibit A.  DD Form 149, dated 28 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AETC/SGPS, dated 9 May 14.
	Exhibit D.  Memorandum, AFPC/DPSOR, dated 14 May 14.
	Exhibit E.  Memorandum, AFBCMR, Medical Consultant, dated
	            27 Feb 15.
	Exhibit F.  Letter, SAF/MRBR, dated 5 Mar 15.