RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01029 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His uncharacterized entry level separation be changed to an honorable discharge due to a medical condition. _________________________________________________________________ APPLICANT CONTENDS THAT: He would like to receive educational benefits. He was not aware he had diabetes prior to entering military service. In support of his request, the applicant provides copies of his DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States, and his DD Form 214, Certificate of Release or Discharge From Active Duty. Applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 26 Aug 03, he contracted his initial enlistment in the Regular Air Force. While in basic military training the applicant was hospitalized from 4 Nov 03 through 7 Nov 03, after reporting a two-week history of increased thirst, urination, and two to three days of nausea, vomiting and abdominal pain. He was diagnosed with diabetes. On 1 Dec 03, his commander notified him that he was recommending his discharge from the Air Force for erroneous enlistment. The specific reason for the discharge action was he was diagnosed with diabetes. It was determined this condition existed prior to service and had not been permanently aggravated by service. His commander advised him of his rights in this matter. The applicant acknowledged receipt of the notification and after consulting with legal counsel waived his right to submit statements in his own behalf. On 1 Dec 03, the legal office reviewed the case and found it legally sufficient to support separation and recommended an entry level separation. The discharge authority directed the applicant be discharged with an uncharacterized entry level separation. He was discharged on 4 Dec 03. He served three months and nine days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS indicates that while the applicant’s condition is clearly disqualifying for military service, the records submitted to their office for review support the applicant’s claim that he was unaware of his condition prior to entry into the Air Force. Therefore, they have no objection to his entry level separation being changed to an honorable discharge due to a medical condition. The complete AETC/SGPS evaluation is at Exhibit C. AFPC/DPSIT notes that airmen are given entry level separation with uncharacterized service when separation is initiated in the first 180 days of continuous active military service. To be eligible for the Montgomery GI Bill (MGIB) or the Post 9/11 GI Bill requires an honorable character of service separation. In addition to the honorable character of service, the MGIB requires 36 months of service unless the reason for separation can be determined as being a condition that interferes with service. If the reason for separation is categorized as a convenience of the government separation, 30 months of service would qualify for 36 months of MGIB benefits. The Post 9/11 GI Bill requires a minimum of 90 aggregate days. Discharge for a service connected disability requires 30 days continuous days on active duty. According to AFPC/DPSIT, the applicant has not met the minimum service required to qualify for educational benefits under the MGIB or Post 9/11 GI Bill. The complete AFPC/DPSIT evaluation is at Exhibit D. The AFBCMR Medical Consultant recommends denial. The Medical Consultant states the applicant’s discharge was characterized in accordance with established Air Force policy. He found no unusual circumstances of personal conduct and performance in the applicant’s case. The Medical Consultant concludes the burden of proof of an error or injustice that warrant a change in the records has not been met. The complete Medical Consultant’s evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant 29 Jan 10 for review and comment 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 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 an error or injustice to warrant changing the applicant’s uncharacterized service to honorable. We took notice of the applicant’s complete submission in judging the merits of the case, but agree with the opinions and recommendations of AFPC/DPSIT and the AFBCMR Medical Consultant and adopt their rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof of the existence of an error or injustice. While AETC/SGPS opines the evidence of record supports the applicant’s claim he was unaware of his condition prior to his entry into the Air Force, we note this has no bearing on whether the applicant’s medical condition existed prior to service and does not provide a basis to grant the requested relief. Additionally, although the applicant’s request to change the character of his service to honorable is to qualify for GI Bill benefits, due to not meeting the minimum service requirements, such a change would still not make him eligible. 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-2009-01029 in Executive Session on 25 Mar 10, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2009-01029 was considered: Exhibit A. DD Form 149, dated 2 Jun 09, w/atchs. Exhibit B. Applicant's Military Personnel Records. Exhibit C. Letter, HQ AETC/SGPS, dated 29 Sep 09. Exhibit D. Letter, HQ AFPC/DPSIT, dated 5 Nov 09. Exhibit E. Letter, AFBCMR Medical Consultant, dated 26 Jan 10. Exhibit F. Letter, SAF/MRBR, dated 29 Jan 10. Chair