RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00438
		INDEX CODE 110.02  108.01
		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His entry-level separation be upgraded to an honorable discharge under medical conditions.

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APPLICANT CONTENDS THAT:

He was in good health upon entering the service.  His asthma was diagnosed within the first week of basic training and he feels that it should have been a medical discharge under honorable conditions.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18 December 2001, in the grade of airman basic (AB/E-1).

On 22 Jan 02, the squadron commander initiated administrative discharge action against the applicant for erroneous enlistment.  The reason for the proposed action was that he received a medical narrative summary, dated 14 Jan 02, that found the applicant did not meet minimum medical standards to enlist.  The applicant should not have been allowed to enlist in the Air Force with asthma. He did not qualify for a disability separation.  The commander recommended that the applicant be given an entry-level separation.  On that same date, applicant acknowledged receipt of the discharge notification.  He waived his right to consult counsel and to submit statements in his own behalf.  He also acknowledged his understanding of the reasons for his discharge, and that he would not be entitled to any disability, retirement, or severance pay.  On 23 Jan 02, the discharge authority approved the entry-level separation with service uncharacterized.

Other relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed this application and recommended denial.  The applicant developed asthma within the first two weeks of basic training and did not complete basic training.  During the medical evaluation it was determined that the symptoms of asthma had existed prior to service, but he apparently was never seen or treated by a physician for those symptoms.  He denied any history of symptoms of asthma in his entry medical examination.  Entry level separation for erroneous enlistment and failure to meet physical standards for enlistment was appropriate.  An entry-level separation is given only when the person is in his or her first 180 days of continuous active military service or the first 180 days of continuous active military service after a break of more than 92 days of active service.  It does not attempt to characterize the type of service as either good or bad, although it is not the only type of service a person can receive.  Action and disposition in this case are proper and reflect compliance with Air Force directives that implement the law.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPRS also reviewed and recommended denial.  They found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, that the discharge was within the sound discretion of the discharge authority.  They also noted that airmen are given entry-level separation/uncharacterized service characterization 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, his uncharacterized service is correct and in accordance with DOD and Air Force instructions.  They further stated that an entry-level separation should not be viewed as negative or less than honorable and should not be confused with other types of separation.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 May 02 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

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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 timely filed.

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 agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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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The following members of the Board considered this application AFBCMR Docket Number 02-00438 in Executive Session on 11 July 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 25 Apr 02.
    Exhibit D.  Letter, AFPC/DPPRS, dated 16 May 02.
    Exhibit E.  Letter, SAF/MRBR, dated 24 May 02, w/atchs.