RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01987
		INDEX CODE:  110.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

  MANDATORY CASE COMPLETION DATE:  25 DECEMBER 2005

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of “2C” be changed to allow him to reenlist. 

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APPLICANT CONTENDS THAT:

He was discharged for having asthma before he came in. However, he does not have asthma at all. He wants his RE code changed so he may reenlist.

In support of his appeal, the applicant has submitted a copy of DD Form 214, Certificate of Release or Discharge from Active Duty, a personal statement and medical records. 

Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 25 February 2003 under a Guarantee Training Enlistment Agreement in the Air Force specialty of airborne linguist with a four year service obligation and a $2,000 enlistment bonus (upon completion of training). The applicant completed basic military training and began training as an airborne cryptologic linguist. Airborne linguists must qualify under stricter medical standards (Flying Class III) than those for general military service. 

On 11 September 2002, the applicant underwent an enlistment medical examination and on DD Form 2807, Report of Medical History, he checked “no” in response to the following questions: “Have you ever had or do you now have: asthma or any breathing problems related to exercise, weather, pollens, shortness of breath, bronchitis, wheezing or problems with wheezing, hay fever, nervous trouble of any sort (anxiety or panic attacks), depression or excessive worry.  
On 29 May 2003, he was evaluated in the flight surgery clinic with headache, cough and sore throat for two weeks with sneezing. He denied a history of allergies and a viral syndrome was diagnosed with possible allergy. On 4 June 2003, he presented to the primary care clinic with shortness of breath (SOB) on exertion with chest pain, along with nocturnal cough and shortness of breath. 

On 14 August 2003, a medical evaluation found the applicant not qualified for world wide duty due to asthma.  He was medically cleared for separation.

On 10 September 2003, the applicant was separated from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen (failed medical/physical procurement), with an RE code of 2C and an uncharacterized entry-level separation. The applicant had a total of 6 months and 15 days of total active military service.

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AIR FORCE EVALUATION:

The AFBCMR Medical Consultant recommended no change in the records. At the time of his enlistment medical examination, the applicant did not report the pre-service history of multiple symptoms that he later reported to providers at Fort Huachuca. At the time of enlistment the applicant denied a history of breathing problems related to exercise or shortness of breath. The civilian allergy evaluation recorded a history of hay fever and eczema, also denied by the applicant at the time of enlistment but reported a 13-year history of multiple recurring symptoms consistent with depression or other mood disturbance.  If the applicant had reported the history of these symptoms on his enlistment examination it is speculative as to whether he would have been rejected for service or not.  However, failure to accurately report significant medical conditions of symptoms at the time of enlistment can form the basis for an administrative discharge 

AFBCMR Medical Consultant’s 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 12 May 2005 for review and comment within 30 days.  As of this date, there has been no response received by this office.  
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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 an error or injustice.  After careful consideration of the circumstances of this case and the evidence provided by the applicant, the Board majority is not persuaded that the applicant's discharge and the reenlistment code were in error or unjust.  The Board notes that although the applicant appears not to have asthma, he suffers from a significant number of pre-existing medical conditions. If he had reported their history, it is speculative as to whether or not he would have been rejected for service. While the applicant’s contentions are duly noted, the Board majority agrees with the opinions and recommendation of the Medical Consultant and adopt his 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, the Board majority finds no compelling basis to recommend granting the relief sought in this application.
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RECOMMENDATION OF THE BOARD:

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

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The following members of the Board considered AFBCMR Docket Number BC-2004-01987 in Executive Session on 9 June 2005, under the provisions of AFI 36-2603:

By a majority vote, the Board recommends denial of the application.  Mr. XXXXX voted to grant his request, but elected not to submit a minority report.  The following documentary evidence was considered:

  Exhibit A. DD Form 149, dated 16 June 04, w/atchs. 
  Exhibit B. Applicant's Master Personnel Records.
  Exhibit C. Letter, BCMR Medical Consultant, dated 11 May 2005.
  Exhibit D. Letter, SAF/MRBR, dated 12 May 05.

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 the 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.