RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00666
		INDEX NUMBER:  110; 128.10
	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

His discharge from the Air Force for fraudulent enlistment be voided.

His indebtedness to the Government in the amount of $46,500 be cancelled.

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APPLICANT CONTENDS THAT:

He was discharged for fraudulent enlistment for not documenting that he had a history of asthma past age 12 on the DD Form 2492 filled out for the Air Force.  However, he had previously provided this information on a DD Form 2492 completed during his enlistment in the Army.  He was granted a waiver to enter the Army.  It was only because he had a waiver that he did not include the information on the documents for the Air Force.  

Although there is no record, he told the doctor who examined him that he had breathing problems as a child, 12 years old or younger.  Although he had asthma symptoms between the age of 12 and 14, he never knew about them.  He has three signed affidavits stating he was truthful when he told doctors that he hadn’t had asthma past age 12.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

In Apr 98, the applicant received a medical examination for enlistment in the Minnesota Army National Guard.  Applicant subsequently required a waiver and on 10 Jun 98, was given a waiver to enlist.  The applicant enlisted on 18 Jun 98.  While in the Army National Guard, the applicant applied for a scholarship in the Air Force Reserve Officer Training Corps (AFROTC).  On 15 Jan 99, the applicant completed DD Form 2492, Report of Medical History, for a medical examination and acceptance into the AFROTC program.  The applicant marked no in section I of the DD Form 2492 in response to whether he ever had or had at present asthma or wheezing.  The applicant was found medically qualified for acceptance into the AFROTC program.  On 13 Apr 99, applicant was discharged from the Army National Guard with an uncharacterized discharge.  On 31 Aug 00, the applicant enlisted in the Air Force Reserve for the purpose of participating in the College Scholarship Program.  The applicant was awarded a three-year college scholarship.  On 3 Feb 03, the applicant completed DD Form 2807-1, Report of Medical History, for the purpose of receiving a commissioning examination.  The applicant marked no in response to whether he ever had or at present had asthma or any breathing problems.  The applicant was medically disqualified during his physical due to having symptoms of asthma past age 12.  On Sep 03, the applicant was disenrolled from the AFROTC program due to medical disqualification and fraudulent enlistment.

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AIR FORCE EVALUATION:

AFOATS/JA recommends denial of the applicant’s request.  The applicant should have marked the appropriate sections on the forms documenting his medical history.  The applicant states that he did not know he had asthma when undergoing tests until 14 years of age.  However, the applicant’s childhood doctor states that the applicant was an allergy and asthma patient from early childhood until he was last seen in 1996, which would have made him 16 years of age.  Furthermore, the applicant knew that his childhood asthma was a consideration for entering active duty as evidenced by his previous waiver from the Army.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 26 Mar 04 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 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, the majority of the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts their rationale as the primary basis for their conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, the majority of the Board finds 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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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number BC‑2004-00666 in Executive Session on 24 June 2004, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny applicant’s request.  Ms. XXXXX voted to grant the applicant’s requests but did not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFOATS/JA, dated 16 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Mar 04.

                                   

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                  FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXX, XXXXXXX

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.