RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-01635
		INDEX CODE 110.02  100.06
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The narrative reason for his discharge be changed.

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APPLICANT CONTENDS THAT:

His enlistment was not fraudulent because he does not have asthma and did not lie about anything. He had bronchitis during training, not asthma. When he was 8 years old and had pneumonia, he used an inhaler a few times.  He provides a statement from his mother, asserting the recruiter told them not to check the box for asthma because it was not a reportable asthma incident.

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

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STATEMENT OF FACTS:

On his Report of Medical History, dated 15 Nov 00, the applicant indicated he did not have asthma, was not on any medications, and had no known allergies. He entered active duty on 7 Aug 01 and began basic military training (BMT). After developing shortness of breath and wheezing with exercise, he was evaluated by the allergy clinic and was diagnosed with reactive airway disease or asthma.  A history of use of inhalers in childhood was elicited and felt to represent episodes of reactive airways consistent with asthma. The applicant indicated he was told by the recruiter not to mention this fact.

As a result, his commander recommended him for discharge for fraudulent entry. The applicant waived his option to consult counsel and submit statements. The case was found legally sufficient and the discharge authority directed the applicant’s entry-level separation for fraudulent entry into military service. 

The applicant was separated on 6 Nov 01 with an entry-level separation (uncharacterized) and a reenlistment code (RE) of “2C” (Involuntarily separated with entry-level separation without characterization of service). His separation program designator code (SPD) was “JDA” (Fraudulent entry into military service). The applicant had 3 months of active service.

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AIR FORCE EVALUATION:

The AFBCMR Medical Consultant notes that, although the applicant may not have asthma in the strictest definition, he demonstrated abnormal reactive airway disease both with exercise by history and on bronchoprovocation testing.  The Air Force and other military services have become very strict with regard to asthma and reactive airway disease in members deployed to overseas locations. Both harsh environments with regard to air quality and high rates of respiratory tract infections result in significant problems even in members’ reactive airway disease without definite asthma.  The applicant’s experience during BMT and his positive bronchoprovocation test indicate that he is at considerably higher risk for recurrent problems when subjected to the rigors of military operational environments.  Action and disposition in this case are proper and equitable and the applicant’s appeal should be denied.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 6 Sep 02 for review and comment within 30 days.  As of this date, this office has received no response. 

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant changing the applicant’s narrative reason for separation. We cannot determine with certainty whether the applicant had asthma, bronchitis, or allergies when he enlisted. In any event, we are persuaded that he sincerely believed his respiratory ailment and earlier use of an inhaler were not reportable incidents. His mother corroborates this was the recruiter’s position also. We believe “fraudulent enlistment” is too harsh a label for what appears to be a somewhat ambiguous situation rather than an intentional misrepresentation.  Therefore, we recommend any doubt be resolved in this applicant’s favor by changing his narrative reason for separation to “JFF” (Secretarial Authority). However, as the applicant appears to have some form of reactive airway condition that would put him at risk if deployed, we believe his reenlistment eligibility code, which renders him ineligible for reenlistment, should remain unchanged. Accordingly, we recommend the applicant’s records be corrected to the extent indicated below.   

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, at the time of his entry level separation on 6 November 2001, the narrative reason for separation was Secretarial Authority, and he was issued a separation program designator code of “JFF.”

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The following members of the Board considered this application in Executive Session on 19 December 2002 under the provisions of AFI 36-2603:

			Vice Chair
			Member
			Member

All members voted to correct the records, as recommended. The following documentary evidence relating to AFBCMR Docket Number 02-01635 was considered:

   Exhibit A.  DD Form 149, dated 9 May 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated 9 Aug 02.
   Exhibit D.  Letter, SAF/MRBR, dated 6 Sep 02.

                                   
                                   Vice Chair

AFBCMR 02-01635

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to    , be corrected to show that, at the time of his entry level separation on 6 November 2001, the narrative reason for separation was Secretarial Authority, and he was issued a separation program designator code of “JFF.”

                                                                          
                                                                          Director
                                                                          Air Force Review Boards Agency