RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02239
		INDEX CODE:  

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility be changed from "Ineligible" to "Eligible".

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APPLICANT CONTENDS THAT:

He was forced to leave the Air National Guard, as the Air Force believed he had asthma.  He has since been fully evaluated by a pulmonary specialist who has declared he has no objective findings consistent with asthma.

In support of his appeal, the applicant has provided a statement from his pulmonologist, a copy of a letter awarding him with a Meritorious Service Medal (MSM) and copies of his DD 214, Certificate of Release or Discharge from Active Duty, and his National Guard Bureau (NGB) Form 22, Report of Separation and Record of Service.

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

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STATEMENT OF FACTS:

The applicant, a former member of the Iowa Air National Guard (IAANG), began his military career on 3 March 2000.  He attained the grade of senior Airman (SrA) with a date of rank (DOR) of 1 October 2001. On 11 September 2001, he was mobilized in support of Operation Noble Eagle and deployed to the declared contingency Operation Southern Watch in Kuwait.  On 15 April 2003, he was demobilized and released from active duty.  On 13 August 2003, he was discharged by reason of physical disqualification (Asthma) from the IAANG with a reenlistment eligibility of “ineligible.”  He was serving in the grade of SrA and had a total of 3 years, 5 months, and 10 days total military service.

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI notes the applicant was discharged from the IAANG following a medical disqualification for the diagnosis of asthma.  DPPI notes, in accordance with Air Force Instruction 48-128, asthma, recurrent bronchospasm, or reactive airway disease, unless due to a well defined avoidable precipitant cause, is a disqualifying condition for continued military service.  DPPI states the information provided by his pulmonary specialist was not sufficient to disprove the current diagnosis of asthma.

DPPI’s complete evaluation, with attachments, 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 17 June 2005 for review and comment within 30 days.  As of this date, no response has been 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Based on the presumption of regularity in the conduct of governmental affairs, we must assume that the applicant’s discharge and reenlistment (RE) code assignment of “Ineligible” were proper and in compliance with the pertinent directives.  Nevertheless, in view of the evidence provided, to include a statement from the applicant’s pulmonologist indicating he does not now suffer from asthma, the Board believes the applicant would like to reenlist in the military and should have the opportunity to do so.  Whether or not he is successful will depend on the needs of the services and our recommendation in no way guarantees that he will be allowed to return to any branch of the service.  Therefore, we recommend his 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 13 August 2003 he was separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) with a reenlistment eligibility of “Eligible.”

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The following members of the Board considered this application in Executive Session on 19 July 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 11 Aug 04, w/atchs.
     Exhibit B.  Letter, ANG/DPFOC, dated 14 June 05.
     Exhibit D.  Letter, SAF/MIBR, dated 17 Jun 05.

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2004-02239

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 APPLICANT, be corrected to show that on 13 August 2003 he was separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) with a reenlistment eligibility of “Eligible”.