RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01720 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment (RE) code of 2Q (personnel medically retired or discharged) be changed. _________________________________________________________________ APPLICANT CONTENDS THAT: He is able to serve in the Air Force or any other willing branch. He had surgery to remove his tonsils and has been able to exercise with no further problems. In support of his request, the applicant provides two letters from his physicians. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 9 Mar 04. On 5 Jun 08, the applicant was referred to the Informal Physical Evaluation Board for moderate persistent asthma. The IPEB recommended that he be discharged Under Other Than Title 10, Chapter 61, for a condition which existed prior to service (EPTS). On 12 Jun 08, the applicant non-concurred with the findings and requested a formal hearing with counsel. On 29 Jul 08, the Formal Physical Evaluation Board (FPEB) reviewed the case and noted, “member required use of his inhaler twice a day routinely to meet duty requirements; however, member testified that he stopped using his Albuterol inhaler three-four months ago, but the medical record does not corroborate this testimony.” On 29 Jul 08, the FPEB concurred with the IPEB findings and recommendations. On 21 Aug 08, the applicant non-concurred with the FPEB findings and recommendation and requested that his case be reviewed by the Secretary of the Air Force Personnel Council (SAFPC). On 23 Sep 08, SAFPC directed the applicant’s discharge and noted, “Considering that the member was allowed to enlist only with a waiver, that his symptoms recurred soon after entry, and that his sensitivity to dust and pollen will limit his deployment and assignment options, the Board determined that it was not a reasonable risk to allow him to continue on active duty.” Further, “…the findings that the condition was not in the line of duty and that it existed prior to service and was not aggravated by service.” The applicant was discharged on 19 Nov 08, with an honorable discharge and with the narrative reason for separation of “disability existed prior to service.” He is credited with 4 years, 8 months, and 11 days of active military service. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSD recommends denial. DPSD states the preponderance of evidence reflects that no error or injustice occurred during the disability process or at the time of separation. The complete HQ AFPC/DPSD evaluation is at Exhibit C. HQ AQFPC/DPSOA recommends denial. DPSOA states the applicant’s RE code is based on the SAFPC directed discharge for a physical disability that existed prior to service. The complete HQ AFPC/DPSOA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 6 Aug 10 for review and comment within 30 days (E). As of this date, this office has not received a response. _________________________________________________________________ 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. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Further, we note the applicant has failed to provide test results, i.e., Methacholine Challenge Test, showing he does not have asthma, or other sufficient medical documentation for review by the BCMR Medical Consultant. 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 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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2010-01720 in Executive Session on 7 December 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSD, dated 15 Jun 10. Exhibit D. Letter, HQ AFPC/DPSOA, dated 16 Jul 10 Exhibit E. Letter, SAF/MRBR, dated 6 Aug 10.