RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03286
            INDEX CODE:  110.00

            COUNSEL:  VETERANS SERVICE GROUP

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized discharge be upgraded to  honorable  and  his  narrative
reason for separation be changed to disability occurred during service.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His character of service is unjust  in  that  his  disability  was  incurred
while on active duty.  Also his DD  Form  214  (Certificate  of  Release  or
Discharge from Active Duty) is incorrect in stating his  disability  existed
prior to service.

In support of his appeal,  the  applicant  provided  a  personal  statement,
character references, and other documentation.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air  Force  on  14  January  1998,  for  a
period of six years.

Records indicate the applicant has  a  recurrent  dislocation  of  his  left
shoulder, status post-Bankart repair prior to service.

On 15 April 1998, the Informal Physical Evaluation Board  (IPEB)  determined
that the applicant’s medical condition,  which  existed  prior  to  service,
prevents him from performing the  duties  of  his  office,  grade,  rank  or
rating.  His condition is chronic and not  compatible  with  the  rigors  of
military service.  The  service  has  not  permanently  aggravated  member’s
condition.  The IPEB finds member unfit  and  recommends  he  be  discharged
under other than Chapter 61, Title 10, U.S.C.  The injury  warranted  a  20%
disability rating and he should be  discharged  for  an  existing  prior  to
service (EPTS) condition.

Airmen   are   given   entry   level   separation/uncharacterized    service
characterization when separation action is initiated  against  them  in  the
first 180 days of continuous active service.

On 8 May 1998, the applicant was separated in  the  grade  of  airman  first
class  under  the  provisions  of  AFI  36-3208  (Entry  Level   Separation-
Disability,  Existed  Prior  to  Service,  PEB)  with   an   uncharacterized
discharge.  He served 3 months and 25 days total active duty  with  no  time
lost.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Medical Consultant, AFBCMR, reviewed this case  and  states  that
individuals are considered in an  entry  level  status  for  the  first  six
months of service and any separation which  occurs  during  this  period  of
time will receive an “uncharacterized  entry  level  separation.”   This  is
precisely what happened in the applicant’s case.   There  is  no  doubt  his
condition was service incurred and ratable.  The applicant did  not  receive
severance pay because he had less than six months service.   It  is  unclear
to him how the PEB could find that service had  not  permanently  aggravated
the EPTS condition, particularly since they opined  that  a  20%  disability
was present.  The  applicant  was  brought  on  board  with  a  known  prior
shoulder repair and presumed  fit.   He  reinjured  the  shoulder  some  two
months later.  If we are to accept  applicants  to  the  military  with  any
prior medical or surgical history, then it is  reasonable  to  conclude,  in
this case, that a member begins service fit and that reinjury  is  therefore
service aggravation and that discharge under provisions of  Chapter  61,  10
U.S.C. is appropriate.  The member should then be entitled to  benefits  any
other member with longer  service  records  would  receive.   The  exception
would be severance pay within the first six months of entry,  as  determined
by law.  Absent this, perhaps such individuals as the  applicant  should  be
rejected for military service  altogether  IAW  AFI  48-123,  attachment  3,
paragraph A3.28 which states, in part: “substantiated history  of  recurrent
dislocation of major joints” is disqualifying  for  appointment,  enlistment
or induction.

There is no doubt his condition was service incurred and ratable.   Evidence
of record establishes beyond  all  reasonable  doubt  that  the  applicant’s
condition was service incurred, he did not receive severance pay because  he
had less than six months  service.   Therefore,  they  recommend  denial  of
applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.





The Separations Branch, Directorate  of  Personnel  Program  Management,  HQ
AFPC/DPPRS, also reviewed this case  and  states  that  the  applicant  only
served three months and 25  days  active  service.   Department  of  Defense
(DOD) determined that if a member  served  less  than  180  days  continuous
active service, it would  be  unfair  to  the  member  and  the  service  to
characterize their limited active service.   His  uncharacterized  character
of  service  is  correct  and  in  accordance  with  DOD   and   Air   Force
instructions.  Therefore, they recommend denial of applicant’s request.

A complete copy of their Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  15
March 1999, for review and response 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  probable  error  or  injustice.   Applicant  enlisted  in  the
Regular Air Force on 14 January 1998 and on 8 May  1998,  he  was  separated
from the Air Force for physical disability due to a condition  that  existed
prior to service (EPTS).  Since applicant did not serve on active  duty  for
at least six months, he was not entitled to severance pay.  It  does  appear
that applicant had his shoulder repaired prior to  entering  the  Air  Force
and reinjured the shoulder after serving approximately two months on  active
duty.  The Chief  Medical  Consultant  states  that  he  believes  that  the
applicant’s  prior  service  condition  was  service  aggravated;   however,
applicant still would not have been entitled to severance pay as  he  served
less than six  months.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no basis upon which to recommend favorable action on  this
application.

_________________________________________________________________





THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 this application in  Executive
Session on 13 July 1999, under the provisions of AFI 36-2603:

                  Mr. Vaughn E. Schlunz, Panel Chair
                  Mr. William H. Anderson, Member
                  Ms. Barbara J. White-Olson, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 December 1998, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, SAF/PC, dated 5 January 1999.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 24 February 1999.
   Exhibit E.  Letter, SAF/MIBR, dated 15 March 1999.





                                VAUGHN E. SCHLUNZ
                                Panel Chair