RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00631 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her uncharacterized entry level separation be upgraded to a honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: She was released due to medical problems acquired on active duty. She contributed $1,200 toward the Montgomery GI Bill and would like to use the benefits. Applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 22 Jul 08, the applicant contracted her initial enlistment in the Regular Air Force. On 26 Nov 08, her commander notified her that she was recommending her discharge from the Air Force for erroneous enlistment. The specific reason for the discharge action was that on 24 Nov 08, she was diagnosed with Pes Planus (Flat Feet) and that she did not meet the minimum medical standards for enlistment. Her commander advised her of her rights in this matter. On 26 Nov 08, she acknowledged receipt of the notification and after consulting with legal counsel waived her right to submit statements in her own behalf and acknowledged she would not be entitled to a disability retirement or severance pay. On 27 Nov 08, the legal office reviewed the case and found it legally sufficient to support separation. On 1 Dec 08, the discharge authority directed discharge with an uncharacterized entry level separation. She was discharged on 2 Dec 08 with an RE code of 4C (Separated for concealment of juvenile records, minority, failure to meet physical standards for enlistment, failure to attain a 9.0 reading grade level as measured by the Air Force Reading Abilities Test (AFRAT) or void enlistments), a separation code of “JFW” with a narrative reason of “Failed Medical/Physical Procurement Standards.” She served 4 months and 11 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends denial. SGPS states the applicant's medical condition was appropriately identified on the DD Form 2808, Report of Medical Exam, during her entrance exam. It is widely accepted that pes planus (flatfeet) is a chronic foot condition that can periodically flare during heavy use such as prolonged walking/running or other military activities. Returning her to a military environment will likely aggravate the condition due to the rigorous demands of training. The AETC/SGPS complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant 31 Jul 09 for review and comments within 30 days. As of this date, no response has been received by this office. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states airmen are given entry level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service. The Department of Defense determined if a service member served less than 180 days of continuous active service, it would be unfair to the service member to characterize their limited service. The applicant’s DD Form 214 does not accurately reflect the basis of her discharge. The narrative reason for separation should reflect “Erroneous Entry” and the RE code should reflect “2C” (Involuntarily separated with an honorable discharge; or entry level separation, as directed by the discharge authority. The AFPC/DPSOS complete evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant 20 Oct 09 for review and comments within 30 days. 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 an injustice warranting upgrade of the applicant’s discharge. After a review of the evidence of record, we find no evidence showing the characterization of her discharge was erroneous and we are not persuaded by her assertions that it was unjust. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and the recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has failed to sustain her burden of proof of the existence of an error or injustice. We note that DPSOS will administratively correct the applicant’s narrative reason and RE code to reflect the basis for her discharge. We agree with their assessment. 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 AFBCMR Docket Number BC-2009-00631 in Executive Session on 24 Nov 09 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2009-00631 was considered: Exhibit A. DD Form 149, dated 17 Feb 09. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 20 May 09. Exhibit D. Letter, SAF/MRBR, dated 31 Jul 09. Exhibit E. Letter, AFPC/DPSOS, dated 13 Oct 09. Exhibit F. Letter, AFBCMR, dated 20 Oct 09. Panel Chair