RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00957
		INDEX NUMBER:  112.08
	XXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His Total Active Federal Military Service Date (TAFMSD) be adjusted to 22 Oct 97, the first date he entered active service and that all of his promotion eligibility dates and dates of rank be adjusted accordingly.

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APPLICANT CONTENDS THAT:

His entry-level separation on 10 Dec 97 was improper and due to a bad medical diagnosis.

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of senior airman (E-4).  His Total Active Federal Military Service Date is 27 Aug 98.

The remaining facts relevant to this application are contained in the evaluations prepared by the appropriate offices of the Air Force found at Exhibits C and D.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s requests.

The applicant developed signs, symptoms of hepatitis within 3 weeks of entering active duty, determined to be viral hepatitis A on laboratory testing.  Based on the average incubation of hepatitis A, it was determined that he likely contracted it before entering active duty.  Conditions that are disqualifying for enlistment and which develop shortly after entering active duty result in separation.  In the applicant’s case, his acute hepatitis A was disqualifying for enlistment and he was properly separated from the Air Force.  Although the applicant’s condition was unfitting, it was not compensable and possibly existed prior to service.  Fortunately for the applicant, his form of viral hepatitis is in most cases self-limited and full recovery without any residual liver damage is the norm.  Six months after achieving full recovery, he met physical standards for enlistment and reenlisted.

The complete evaluation is at Exhibit C.

AFPC/DPPRSP recommends denial of the applicant’s request.  The applicant did not identify any errors or injustices that occurred in the discharge processing.  The separation he received was consistent with the regulation and the time he was out of service does not count toward any active service time.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to the applicant on 31 May 02 for review and comment within 30 days.  To date, a response has not been received.

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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 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 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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  We also note that the applicant had not been previously given credit for the month and nineteen days of credible service from his first enlistment.  AFPC/DPPAOR was notified and has administratively corrected the applicant’s record.  His TAFMSD and Pay Date have been changed to 8 July 1998.  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 probable 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 Docket Number 02-00957 in Executive Session on 18 July 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 3 May 02.
    Exhibit D.  Memorandum, AFPC/DPPRSP, dated 24 May 02.
    Exhibit E.  Letter, SAF/MIBR, dated 31 May 02.