RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00016
		INDEX CODE:  

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

It appears the applicant is requesting that his records be corrected to reflect a different reason for separation and his reenlistment eligibility (RE) code be changed so that he can reenlist in the Air Force.

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APPLICANT CONTENDS THAT:

He was misdiagnosed.  He states that he tested positive for asthma during technical training due to a respiratory infection.  He was subsequently tested for asthma by a civilian specialist and the results were negative.

In support of his appeal, applicant submitted a personal statement; a copy of a letter from the Children’s Hospital of Pittsburgh, undated, and a copy of his Pulmonary Function Report, dated 5 Nov 02.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 23 July 2002, in the grade of airman basic (AB/E-1).

On 2 Oct 02, the squadron commander initiated administrative discharge action against the applicant for erroneous enlistment.  The reason for the proposed action was that a Chronological Record of Medical Care, dated 23 Sep 02, indicated he had been diagnosed with asthma and it was determined the condition existed prior to service.  Because of this condition, his ability to function in a military environment was significantly impaired.  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.  On 7 Oct 02, the discharge authority approved the entry-level separation with service uncharacterized.

The applicant received an uncharacterized entry-level separation on 15 Oct 02, by reason of “Erroneous Entry (Other),” and was issued an RE code of 2C (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service).  He was credited with 2 months and 23 days of active duty service.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed this application and recommended denial.  The applicant was evaluated for possible asthma because of symptoms of cough, wheezing, chest tightness and shortness of breath with walking, marching, running and at rest that prompted care in the emergency room during the second week of technical training.  During the medical evaluation it was determined that the symptoms suggesting asthma existed prior to service.  Although he was never formally diagnosed with asthma prior to service, he reported a history of symptoms including exercise induced symptoms and allergic rhinitis prior to service as well as a history of allergies and use of an inhaler after age 12.  He also has a family history of asthma in first-degree relatives increasing the possibility of asthma in him.  He underwent further evaluation by bronchoprovocation testing with a histamine challenge test.  Based on symptoms consistent with asthma and the bronchoprovocation test positive for abnormal bronchoreactivity consistent with asthma, he underwent entry level separation for the disqualifying diagnosis of asthma existing prior to service (erroneous enlistment: erroneous enlistment is one that would not have occurred had the relevant facts been known by the Air Force and it was not the result of fraudulent conduct on the part of the applicant).  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 recommended denial of the applicant’s request.  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.

HQ AFPC/DPPAE found that the RE code 2C, “Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service,” is correct.

A complete copy of the evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He disputes the claim that asthma in first-degree relatives has ever existed.  Asthma has never been diagnosed in any of his family members and he never used an inhaler of any kind until after he was misdiagnosed by Allergy Service at Wilford Hall Medical Center on 14 Sep 02.  He has on his own time and at his own expense successfully passed the same tests that were administered while on active duty and all the results have proven that he does not have asthma or any airway hyper-reactivity at this time or has he ever.

In support of his appeal, applicant provided a personal letter, dated 24 Jul 03; a copy of a letter from the Allegheny General Hospital, Div of Allergy, Asthma and Immunology, with results of tests conducted on 9 Jul 03.

Applicant’s complete response is at Exhibit G.

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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 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.  Therefore, in the absence of 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 issues 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-2003-00016 in Executive Session on 10 September 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jan 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR Medical Consultant, dated 16 Apr 03.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 19 May 03.
    Exhibit E.  Letter, HQ AFPC/DPPAE, dated 27 Jun 03.
    Exhibit F.  Letter, SAF/MRBR, dated 3 Jul 03.
    Exhibit G.  Letter, Applicant, dated 24 Jul 03, w/atchs.