RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02134
		INDEX CODE:  100.03

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

Her uncharacterized entry-level separation for fraudulent entry be changed to a medical discharge.

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APPLICANT CONTENDS THAT:

She was never diagnosed with asthma prior to her enlistment.  She was not aware she had asthma until she was in Basic Military Training (BMT).

Her appeal, which includes extracts from her civilian medical records, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant contracted her enlistment in the Regular Air Force on 28 May 2002.  On 11 June 2002, she was diagnosed with asthma.  Applicant submitted a statement on 18 June 2002 where she admitted that, prior to enlisting, she had been told by a doctor that she had suffered an asthma attack but was told not to worry about it and no further testing was done to confirm the doctor’s findings.  Applicant’s statement also mentions her purchase of an inhaler after the first attack just to be safe.  Applicant states that she never needed the inhaler and did not suffer another attack until the present time.

On 24 June 2002, the applicant received notification that she was being recommended for discharge due to defective enlistment - fraudulent entry.  The reason for the proposed discharge was that she had intentionally concealed a preexisting medical condition, which if revealed, could have resulted in rejection of her enlistment.  Applicant was afforded military legal counsel and the opportunity to submit statements on her behalf.  She waived both.  37TRW/JA provided a legal review finding the separation legally sufficient and recommended the applicant be separated with an entry-level separation.  Applicant received an uncharacterized entry-level separation on 25 June 2002, under the provisions of AFI 36-3208 (Defective Enlistments, Discharge for Fraudulent Entry).  She had completed 27 days of service and was serving in the grade of Airman (AMN/E-2) at the time of discharge.  She received a Reenlistment (RE) code of 2C, which defined means “Involuntary separation with honorable discharge; or entry-level separation without characterization of service.”

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AIR FORCE EVALUATION:

The BCMR Medical Consultant states that action and disposition in this case were correct and equitable.  He affirms that asthma is disqualifying for entry into the military service, and a diagnosis so soon after enlistment is consistent with a preexisting condition.  He states that no change in the record is warranted.  (Exhibit C)

HQ AFPC/DPPRS recommends denial.  DPPRS notes that the applicant denied any history of breathing problems related to exercise, weather, pollens, etc., and denied ever having been prescribed or using an inhaler on DD Form 2807, Report of Medical History, prior to her enlistment.  DPPRS defends the fraudulent enlistment as an enlistment where a medical condition is intentionally concealed.  DPPRS concurs with the BCMR Medical Consultant and recommends no change to the applicant’s record.  (Exhibit D)

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 21 February 2003 for review and comment within 30 days.  As of this date, there has been no response 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.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that her uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden of having suffered either an error or injustice.  The preponderance of evidence reflects probable pre-existing respiratory problems that, had they been known, the applicant would not have been accepted into military service.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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 AFBCMR Docket Number BC-2002-02134 in Executive Session on 1 April 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Jun 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 10 Jan 03.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 10 Feb 03.
    Exhibit E.  Letter, SAF/MRBR, dated 21 Feb 03.