RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01056
		INDEX NUMBER:  110.00
	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be allowed to reenter the Air Force.

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APPLICANT CONTENDS THAT:

He failed to disclose he previously had asthma because he thought he had outgrown it.

Applicant provides a statement from his civilian physician stating the applicant has been free of asthma symptoms for at least five years.

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

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STATEMENT OF FACTS:

The applicant entered the Air Force on 16 Dec 03.  On 21 Jan 04, his training squadron commander notified him he was recommending his discharge from the Air Force for fraudulent enlistment.  The reason for the commander’s action was the receipt of a medical narrative summary, dated 15 Jan 04, which found the applicant did not meet minimum medical standards to enlist.  Specifically, he should not have been allowed to join the Air Force due to asthma histamine challenge.  The applicant was found not to be qualified for a disability separation.  The applicant acknowledged receipt of notification on 21 Jan 04 and waived his right to consult counsel and to submit statements. On 21 Jan 04, the training squadron commander recommended to the training group commander the applicant be discharged for the reasons cited above with an entry-level separation.  On 26 Jan 04, the staff judge advocate found the discharge action legally sufficient.  On 26 Jan 04, the training group commander approved the applicant’s discharge with an entry-level separation.  The applicant was discharged on     29 Jan 04 with a “2C” reentry code (RE code), “Entry-level separation without characterization of service.”  A “2C” RE code bars reenlistment in the Air Force.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request.  The applicant was administratively discharged for fraudulent entry because he developed symptoms of asthma that interfered with training and he failed to disclose his pre-service history of asthma on his enlistment medical examination.  Histamine bronchoprovocation testing clearly documented the presence of abnormal bronchial hyper-reactivity, which is disqualifying for military service.  The fact the applicant is presently asymptomatic after discharge does not change the fact of his past history of asthma.  His symptoms of asthma during basic training clearly indicate he is not medically qualified for military service.

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 18 Nov 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 to warrant granting the applicant’s request to reenter the Air Force.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the BCMR Medical Consultant the applicant is not medically qualified for military service.  Notwithstanding this determination, we believe there is sufficient evidence to question whether the applicant’s failure to disclose his prior asthma condition was a deliberate decision to enter the Air Force under fraudulent conditions.  As such, we believe any doubt should be resolved in favor of the applicant and his records corrected to reflect discharge on the basis of an erroneous enlistment.  While not allowing the applicant to reenter the Air Force, we believe this type of discharge is more appropriate and will remove the stigma of any wrong doing on his part.  Therefore, 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 on 29 January 2004, he received an uncharacterized entry level separation by reason of “Erroneous Entry (Other)’ rather than “Fraudulent Entry into Military Service,” with separation program designator (SPD) code “JFC.”

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The following members of the Board considered Docket Number BC-2004-01056 in Executive Session on 11 January 2005, under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 8 Mar 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, BCMR Medical Consultant,
                 dated 15 Nov 04.
     Exhibit D.  Letter, SAF/MRBR, dated 18 Nov 04.

                                  

AFBCMR BC-2004-01056

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 XXXXXXX, XXXXXXX, be corrected to show that on 29 January 2004, he received an uncharacterized entry level separation by reason of “Erroneous Entry (Other)’ rather than “Fraudulent Entry into Military Service,” with separation program designator (SPD) code “JFC.”