RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05064

						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

1.  His separation code of “JEE” (Service initiated discharge directed by established directive for physical disability which existed prior to entry on active duty and was established by a physical evaluation board) be changed.

2.  His reentry (RE) code of “2Q” (Personnel medically retired or discharged) be changed so that he may reenter the military and be eligible for a commission as an officer.

APPLICANT CONTENDS THAT:

He received a second opinion after being discharged that indicates his asthma was not as it was claimed by the Air force.  He was wrongfully discharged for an asthma condition that he does not have.

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

STATEMENT OF FACTS:

According to the DD Form 735, Record of Disenrollment from Officer Candidate – Type Training, dated 18 Apr 11, the applicant voluntarily withdrew his Air Force Reserve Officer Training Corps (AFROTC) contract under the freshman option.  

According to the DD Form 2807-2, Medical Prescreen of Medical History Report, dated 4 Jan 12, the applicant answered “No” to the question, “Have you ever had or do you now have asthma, wheezing, or inhaler use?”

According to a letter from a civilian medical provider, dated 4 Jun 12, the applicant had a history of mild intermittent asthma.

According to DoDI 6130.03, Medical Standards for Appointment, Enlistment, or Induction in the Military Services, dated 28 Apr 10, “Airway hyper responsiveness including asthma, reactive airway disease, exercise-induced bronchospasm or asthmatic bronchitis, reliably diagnosed and symptomatic after the 13th birthday,” is disqualifying.

The applicant enlisted in the Regular Air Force on 22 May 12.

On 24 Jul 12, a MEB diagnosed the applicant with asthma that was found to have Existed Prior To Service (EPTS) and recommended referral to an Informal Physical Evaluation Board (IPEB).

On 3 Aug 12, an IPEB found the applicant unfit and recommended he be discharged under provisions other than 10 USC 61 (EPTS).  The IPEB indicated the applicant’s condition EPTS, had not been permanently aggravated through military service, and is incompatible with the rigors of military service.

On 7 Aug 12, the applicant agreed with the findings and recommendation of the IPEB and waived his right to a Formal PEB (FPEB).

On 7 Aug 12, the Secretary of the Air Force (SECAF) directed the applicant be separated from active service for physical disability due to a condition that EPTS under the provisions of 10 USC 61.

On 9 Aug 12, the applicant was honorably discharged with a narrative reason for separation of “Disability, Existed Prior to Service, PEB.”  He was credited with 2 months and 18 days of total active service.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, D, and E.

AIR FORCE EVALUATION:

AFPC/DPFDD recommends denial indicating there is no evidence of an error or an injustice.  Since asthma was present upon the applicant’s presentation to Basic Training, and had not been aggravated by military service, it was accurately identified by the IPEB as “existed prior to service and not aggravated by service,” resulting in a correct disposition of “Discharge Under Other Than Chapter 61, Title 10, U.S.C. (EPTS).”  The presence of asthma was disqualifying under DoDI 6130.03.

A complete copy of the AFPC/DPFDD evaluation is at Exhibit C.

AFPC/DP3ST recommends denial of the applicant’s request to change his RE code indicating the RE code 2Q (Personnel medically retired or discharged) on his DD Form 214 is correct based on his disability discharge.  The SECAF directed the applicant be separated for physical disability due to a condition that existed prior to service and without benefits.

A complete copy of the AFPC/DP3ST evaluation is at Exhibit D.

The BCMR Medical Consultant recommends denial of the applicant’s request to change his RE code and separation code indicating the available evidence substantiates the history of a disqualifying condition that upon entry, the applicant denied having the same said condition.  Civilian medical records provided to a military treatment facility and provider(s) indicated a history of asthma treated with inhaled Advair and Albuterol.  The most recent medical note documenting treatment with Albuterol was in 2011 when the applicant was 19 years of age.  Regardless as to whether the applicant now has the condition, the established history of it indicates a strong likelihood that it will recur.

A complete copy of the BCMR Medical Consultant evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 12 Aug 16 for review and comment within 30 days (Exhibit F).  As of this date, no response has been received by this office.

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.  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 Air Force OPRs and the BCMR Medical Consultant and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-05064 in Executive Session on 9 Mar 17 under the provisions of AFI 36-2603:

					   , Panel Chair
					  , Member
					  , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 24 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDD, dated 17 May 16.
	Exhibit D.  Memorandum, AFPC/DP3ST, dated 8 Jun 16.
	Exhibit E.  Memorandum, BCMR Medical Consultant, 
  dated 5 Jul 16.
	Exhibit F.  Letter, AFBCMR, dated 12 Aug 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.