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AF | BCMR | CY2000 | 9900170
Original file (9900170.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00170
            INDEX CODE: 110.02

      XXXXXX     COUNSEL: None

      XXXXXXX    HEARING DESIRED: No

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty,
entry level separation designation be changed.

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in  support  of  the  appeal  is  at
Exhibit A.

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.   Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR,  reviewed  the  application  and
states that  there  is  no  convincing  evidence  that  the  applicant
suffered from any preexisting condition for which  he  was  separated.
It is well known that individuals  may  suffer  from  exercise-induced
rhabdomyolysis  if  this  activity  is  intense  and  accompanied   by
dehydration, a situation met by the applicant’s situation when he  was
treated.  He had completed 10¼ miles running laps and collapsed on the
track and was brought  to  the  emergency  room  where  treatment  was
vigorous for rehydration and monitoring.   Unless  there  is  evidence
from the applicant’s pre-service medical records to show a  repetitive
occurrence of this problem, it appears that entry-level separation was
premature and should not have been accomplished.  As this condition is
not disqualifying for continued service, the  proper  sequence  should
have been to treat and resolve the acute problem  and  return  him  to
duty.  The BCMR Medical Consultant is of the opinion that the  records
should be changed to show the  applicant  was  treated  for  an  acute
medical  problem  (heat  stroke  and   dehydration   with   associated
exertional rhabdomyolysis).  It is  an  injustice  to  label  this  an
erroneous enlistment, as no  evidence  is  found  to  suggest  a  pre-
existing  medical  condition  was   present.    Evidence   of   record
establishes beyond all reasonable doubt that the applicant’s condition
was service incurred and that he is not eligible to receive  severance
pay because he had  less  than  6  months  service.   The  entry-level
characterization of service,  unfortunately,  cannot  be  changed,  as
individuals are considered in an entry level status for  the  first  6
months of service and any separation which occurs during  this  period
of time will receive an “uncharacterized entry level separation.”  The
BCMR Medical Consultant  is  of  the  opinion  that,  the  reason  for
discharge on the applicant’s DD Form 214 should be changed to “Medical
condition, not a disability,” removing  the  “Failed  Medical/Physical
Procurement  Standards”  indication.   He  recommends   changing   the
applicant’s reenlistment (RE) code to “3K."

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

The Military  Personnel  Mgmt  Spec  Separations  Branch,  AFPC/DPPRS,
reviewed the application and states that they concur with  the  AFBCMR
Medical Consultant’s recommendation  that  the  applicant’s  narrative
reason  for  separation  should  be  changed  to  “Conditions  not   a
Disability” with a separation program designator (SPD) code of  “JFV.”
However, his character of service should not  be  changed  because  in
accordance with Department of  Defense  and  Air  Force  instructions,
airmen  are  given  entry-level   separation/uncharacterized   service
characterization when separation is initiated in the first 180 days of
continuous active service.  The applicant only served 1 month  and  14
days active service.

A complete copy of the 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
21 June 1999, for review and response.  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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice warranting  a  change  of
reason for discharge and the reenlistment eligibility (RE) code.   The
Board notes that the AFBCMR Medical Consultant recommends changing the
narrative reason for separation on the DD Form 214 to “Conditions  not
a Disability”, the SPD code to “JFV”, and the RE  code  to  “3K.”   In
this respect, the Medical Consultant states that it is an injustice to
label this an erroneous enlistment, as no evidence is found to suggest
a  pre-existing  medical  condition  was  present.   In  view  of  the
foregoing, the Board recommends the applicant’s record be corrected to
the extent indicated below.

4.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice warranting  changing  the
character of separation.  The Board  notes  that  the  uncharacterized
character   of   service   the   applicant   received   indicates   an
uncharacterized entry level separation for less  than  6  months.   We
also note that the applicant served 1  month  and  14  days  of  total
active military service.  Therefore, we find no basis  upon  which  to
recommend changing the character of service.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 29  October  1998,
he was discharged under the provisions of AFI 36-3208, “Conditions not
a Disability”, and issued a reenlistment eligibility code of “3K”  and
a Separation Program Designator of “JFV.”

The following members of the  Board  considered  this  application  in
Executive Session on 10 February 2000, under the provisions of AFI 36-
2603:

          Panel Chair
          Member

          Member


All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 Dec 99.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 2 Apr 99.
   Exhibit D.  Letter, AFPC/DPPRS, dated 24 May 99.
   Exhibit E.  Letter, AFBCMR, dated 21 Jun 99.





Panel Chair



AFBCMR 99-00170





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXX, XXXXXX, be corrected to show that on 29
October 1998, he was discharged under the provisions of AFI 36-3208,
Conditions not a Disability, and issued a reenlistment eligibility
code of “3K” and a Separation Program Designator of “JFV.”





            Director

            Air Force Review Boards Agency

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