RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00422 INDEX CODE: 100.03, 112.10 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Reentry (RE) code of 2C (involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to a code that will enable him to join the United States Navy (USN). ________________________________________________________________ THE APPLICANT CONTENDS THAT: His discharge was inequitable because it was based on one isolated incident against him. His discharge was based on him having asthma and lying about it. He did inform his recruiter of a condition of asthma at age 2; however, he has not had any episodes since. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 19 Dec 07 discharge, discharge correspondence and medical records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The 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. ________________________________________________________________ THE AIR FORCE EVALUATION: AETC/SGP recommends denial stating, in part, that they concur with the current narrative of separation of fraudulent enlistment and based on recent asthmatic symptoms, they do not support a second opportunity for military service. A review of the applicant’s medical records indicates he had asthma from age 2 – 7 treated with inhalers. While his statements suggest he had no further problems with asthma or respiratory symptoms, they are inaccurate. From his time in basic training, he actually experienced repeated symptoms of asthma and had a thorough examination by Pulmonary/Allergy specialists. His records indicated that he avoided exertion activity to prevent asthma flares growing up and once he entered basic training, he had repeated symptoms similar to those during his childhood. He was definitely diagnosed with moderate persistent asthma and discharged both for current symptoms as well as failure to disclose his past history. The complete AETC/SGP evaluation is at Exhibit C. AFPC/DPSOS recommends denial, stating in part, the discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The applicant’s commander notified him on 17 Dec 07 that he was recommending his discharge from the Air Force for fraudulent entry. The applicant intentionally withheld a prior service medical condition. Specifically, the applicant had a history of asthma which he failed to disclose on his pre-enlistment documents. Based upon the applicant’s failure to disclose his prior service medical condition, his commander recommended an entry level separation. The applicant acknowledged receipt and was afforded an opportunity to submit statements in his own behalf. The discharge authority approved the separation and directed an entry level separation (uncharacterized) discharge. The complete AFPC/DPSOS evaluation is at Exhibit D. AFPC/DPSOA recommends denial, stating, in part, the applicant’s RE code of 2C is driven by his entry level separation with uncharacterized service. The RE code 2C is required based on the entry level separation with uncharacterized service per AFI 36-2606, Reenlistment in the USAF, chapter 3. The applicant does not state his RE code is wrong, nor does he provide any evidence of an error or injustice in reference to his RE code. He states that he wants an RE code of 1#; however, the only 1# RE code a member can separate with is 1J (eligible to reenlist, but elects separation) and he cannot be awarded a RE code 1J as he was not selected for reenlistment by his commander under the Selective Reenlistment Program (SRP); nor was he eligible for consideration. The complete AFPC/DPSOA evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 15 Oct 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). ________________________________________________________________ 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. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendation of the Air Force offices of primary responsibility and adopt their 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 basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2010-00422 in Executive Session on 18 November 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 19 Apr 10. Exhibit D. Letter, AFPC/DPSOS, dated 14 Sep 10. Exhibit E. Letter, AFPC/DPSOA, dated 15 Sep 10. Exhibit F. Letter, SAF/MRBR, dated 15 Oct 10.