RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01413 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His reentry (RE) code of “2C” (Involuntarily separated with an honorable discharge; or, entry-level separation without characterization of service) and narrative reason for separation (Erroneous Entry), be changed to allow him to reenter the military. ________________________________________________________________ _ APPLICANT CONTENDS THAT: His separation was unjust and improper based on his medical diagnosis. To this day, he has never had any symptoms related to, or associated with Asthma. Once he was diagnosed, he was never counseled on any options for continuing his military service. His doctors indicated that his separation was practically impossible to appeal, was not worth appealing, and that he should accept his separation. He has been employed with the Transportation Security Administration for six plus years without ever having pulmonary issues. He has completed the physical agility portion of the entrance testing for the US Customs and Border Patrol, which is roughly the equivalent to the testing he passed during his Basic Military Training. His separation took away his opportunity to serve his country through a military career, and prevents his reentry into any of the Armed Forces, to include the Reserves. In support of his appeal, the applicant provides several copies of military and civilian medical records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who entered active duty on 29 March 2005. On 24 June 2005, while participating in Security Forces training, the applicant was seen in a clinic for Dyspnea, which he had been experiencing for two weeks while exercising and at rest. He was administered and failed a Methacholine challenge test in which his symptoms were reversed with a bronchodilator. Based on this evaluation, it was felt by the provider that the applicant did have Asthma. On 15 August 2005, the applicant was notified of his commander’s intent to recommend him for discharge for Erroneous Enlistment under the provisions of Air Force Program Directive 36-32 and Air Force Instruction 36-3208, paragraph 5.14. The applicant acknowledged his commander’s intent and waived his rights to consult counsel and to submit statements in his own behalf. On 22 August 2005, after the Chief, Adverse Actions found the case to be legally sufficient; the discharge authority approved the recommended discharge. The applicant was released from active effective 26 August 2005 in the grade of airman first class (E-3) with an uncharacterized entry-level separation and an RE code of “2C.” He served 4 months and 28 days on active duty. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial. DPSOR states the applicant’s service characterization is correct as reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty, and is in accordance with Department of Defense (DoD) and Air Force Instructions. Airmen are given an uncharacterized entry-level discharge when separation is initiated in the first 180 days of continuous active service. DPSOR indicates the applicant should not have been allowed to join the Air Force because of his condition of Asthma. Had the Air Force known of his condition at the time of his enlistment, he would not have been allowed entry into the military. The military environment is unique and stressors encountered in such an environment may not appear or surface when removed from the military environment. Based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. The complete DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends denying the applicant’s request to change his RE code. DPSOA states the applicant’s RE code is required based on the entry-level separation with uncharacterized service. The applicant does not provide any evidence of an error or injustice in reference to his RE code. The complete DPSOA evaluation is at Exhibit D. AETC/SGPS recommends approving the applicant’s request only if current testing shows he meets DoD Instruction criteria for a waiver to enter the military service. SGPS states that after being diagnosed with Asthma, the applicant declined a case review to consider a waiver to remain on active duty. The complete SGPS evaluation is at Exhibit E. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He was a naïve young airman, fresh from basic training, with a “do as you are told” mindset; therefore, he signed the various forms handed to him because the doctor told him he had Asthma, a condition he had never had before. He did not realize that he had an option for continuing his service because the doctor told him he would not get a waiver for Asthma. He notes that AETC/SGPS indicates that if current testing shows he meet the DoD Instruction criteria for a waiver to enter the military service, then he should be allowed to. Therefore, he is providing a current Pulmonologist report. The applicant’s complete rebuttal, with attachment, is at Exhibit G. ________________________________________________________________ _ 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 find his separation was processed in accordance with established policy and procedure. The contested RE code is required based on his entry-level separation with uncharacterized service. We note AETC/SGPS recommends that should current testing show he meets DoD Instruction for a waiver to enter military service, he should be allowed to do so. However, we note the RE code the applicant received is a waiverable code based upon the needs of the Air Force. If the Air Force is interested in the applicant’s skills, they have the capability to waive his RE code and administer the necessary fitness tests. Therefore, based on the foregoing and in the absence of evidence to the contrary, the Board finds no basis upon which to recommend granting the relief sought. ________________________________________________________________ _ 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. ________________________________________________________________ _ Although chaired the panel, in view of her unavailability - has agreed to sign as Acting Panel Chair. The following members of the Board considered AFBCMR Docket Number BC-2013-01413 in Executive Session on 16 January 2014, under the provisions of AFI 36-2603: , Vice Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2013-01413: Exhibit A. DD Form 149, dated 15 Feb 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 9 May 13. Exhibit D. Letter, AFPC/DPSOA, dated 11 Jun 13. Exhibit E. Letter, AETC/SGPS, dated 13 Aug 13, w/atch. Exhibit F. Letter, SAF/MRBR, dated 30 Aug 13. Exhibit G. Letter, Applicant, not dated, w/atch. Acting Panel Chair 4