RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03941
	INDEX CODE:  110.00
	COUNSEL:  NONE

	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her reentry code (RE) code of 3A (first term airman separating before 36 months on current enlistment and who has no known disqualifying factors or ineligibility conditions except grade, skill level, and insufficient total active federal military service (TAFMS)) be changed to 1A (eligible to reenlist but condition waived).

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APPLICANT CONTENDS THAT:

She was misdiagnosed with mild asthma; however, she recently passed an Exercise Challenge Test.

In support of her application, she submits the results of the Exercise Challenge Test Report, dated 19 Nov 07.  

Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 10 Dec 05, the applicant was diagnosed with mild intermittent asthma.  On 29 Dec 05, she was found unfit for continued military service and recommended for discharge, with a disability rating of ten percent, by an Informal Physical Evaluation Board (IPEB).

On 21 Feb 06 she was honorably discharged and released from military service.  She had served 11 months and 14 days on active duty.

In a letter dated 17 Jan 08, the applicant was notified of a change to her RE code from 3A to 2Q (Personnel medically retired or discharged) and issued a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force and the BCMR Medical Consultant at Exhibits C, D and F, respectively. 

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AIR FORCE EVALUATION:

HQ AFPC/DPSD recommends denial.  DPSD states no error or injustice occurred during the disability process or at the time of separation.

The complete DPSD evaluation is at Exhibit C.

HQ AFPC/DPSOA recommends denial.  DPSOA states the RE code of 1J is reserved for members who have been recommended for continued service, but elect to separate.  DPSOA notes documentation submitted by the applicant confirms her initial diagnosis of mild asthma.

The complete DPSOA evaluation, with attachments, is at Exhibit D.

The BCMR Medical Consultant recommends denial.  Although the applicant reportedly showed "no signs of airway bronchospasm" during her Nov 07 exercise challenge test, her predisposition for experiencing recurrent acute and unexpected exacerbations of her medical condition continues to pose an unreasonable risk to her health and for mission degradation.  She could experience an acute asthma exacerbation under circumstances that could place her life in peril if unable to immediately gain access emergency treatment.  This factor is particularly relevant in the context of the austere operational environments and extreme physical stressors confronting all members of today's Air and Space Expeditionary Force.  

The complete BCMR Medical Consultant's evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 15 Feb 08 and 24 Mar 08, respectively, for review and comment within 30 days.  As of this date, this office has received no response.

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record, we are not persuaded that the applicant’s RE code should be changed to a waiverable code which would allow her to return to military service.  We note the medical care record provided for our review which indicates the applicant should be reconsidered for reentry into the military; however, we agree with the opinion and recommendation of the BCMR 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, 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 this application in Executive Session on 7 May 2008, under the provisions of AFI 36‑2603:

The following documentary evidence was considered in AFBCMR BC-2007-03941:

     Exhibit A.  DD Form 149, dated 28 Nov 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPSD, dated 13 Dec 07.
     Exhibit D.  Letter, HQ AFPC/DPSOA, dated 21 Dec 07.
     Exhibit E.  Letter, SAF/MRBR, dated 15 Feb 08.
     Exhibit F.  Letter, BCMR Med Consultant, dated 24 Mar 08.