RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00607 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Her reason for discharge of “Erroneous Enlistment” be changed to “Medical”. ___________________________________________________________________ APPLICANT CONTENDS THAT: She had flat feet which disqualified her from remaining in the Air Force; however, she believes she should receive a “Medical” discharge because she is receiving 10% disability compensation from the Department of Veterans Affairs (DVA). In support of her request, the applicant provides a copy of letter from her Senator’s office and a copy of her DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States. Her complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 11 Mar 08 and was progressively promoted to the grade of airman first class (E- 3), having assumed that grade effective and with a date of rank of 25 Apr 08. The applicant was notified by her commander that he was recommending that she be discharged from the Air Force under the provisions of AFI 36-3208, Chapter 5, paragraph 5.14, Erroneous Enlistment. The specific reason for this action was for being diagnosed with flat feet, and the condition existed prior to entering the military. Had the Air Force known this condition would have prevented her from performing her duties, she would not have been allowed to enter into the military. The applicant consulted counsel and submitted statements on her own behalf. After a legal review, the deputy staff judge advocate found the case legally sufficient. The applicant received an honorable discharge from the Air Force on 26 Nov 08 after serving 8 months and 16 days on active duty. ___________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends denial. SGPS states that after a review of the applicant’s medical records, it was noted that she had asymptomatic bilateral pes planus on her 8 Jun 07 accession physical. She completed basic military training school; however, after she was assigned to security forces it was found that she had stress changes in her ankles that her physicians felt was a result of her pes planus. She could not continue to train as a security forces member and was put on medical hold for a second time. Once she was reevaluated, it was determined that her condition existed prior to service and she was recommended for an entry-level separation under the “Erroneous Enlistment” clause. SGPS cannot support her request to change her RE code or narrative reason for separation. The 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 on 26 Jul 10 for review and comment within 30 days. As of this date, this office has received no response. ___________________________________________________________________ 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. In this respect, the Board would like to point out the Department of Defense (DoD), operating under Title 10, United States Code (U.S.C.), only provides disability compensation for the medical condition(s) which is (are) the cause for career termination, and then only for the degree of impairment present at the time of final military disposition. However, on the other hand, the DVA is authorized to offer compensation for any illness or injury determined service- incurred or aggravated, without regard to its demonstrated impact upon a service member’s retainability, fitness to serve, or underlying reason for separation. Therefore, based on the aforementioned, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its 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 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-2009-00607 in Executive Session on 21 Sep 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Sep 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 7 Jun 10. Exhibit D. Letter, SAF/MRBR, dated 26 Jul 10. Panel Chair