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AF | BCMR | CY2000 | 9900968
Original file (9900968.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00968
            INDEX CODE:  A29.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

Her Entry Level Separation be changed to a disability discharge.

APPLICANT CONTENDS THAT:

Due to the Department of Veterans Affairs (DVA) findings,  her  reason
for discharge should be a medical discharge not erroneous enlistment.

In support of her appeal, the applicant provided a  copy  of  the  DVA
Rating Decision.

STATEMENT OF FACTS:

Applicant enlisted in the Air National Guard and as a Reserve  of  the
Air Force on 11 Mar 97.  On 1 Aug 97, the applicant entered on  active
duty for the purpose of completing her basic military training (BMT).

On 8 Nov 97, the applicant was given an entry level  separation  under
the provisions of AFI 36-3208  (Termination  of  Initial  Active  Duty
Training).  She had completed 3 months  and  7  days  of  active  duty
service.

On 30 Jan 98, the applicant was given an entry level  separation  from
the Air National Guard and as a Reserve of the  Air  Force  under  the
provisions of AFI 36-3209 (Erroneous Enlistment).   She  was  credited
with 10 months, and 20 days of service.

AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed this  application  and  indicated
that the sequence of events leading to her  separation  seem  somewhat
arbitrary and premature.  If the examining physicians who  recommended
her separation felt the applicant had  a  preexisting  condition  with
service aggravation, the more proper route to follow would  have  been
to  present  the  case  to  the  disability  evaluation   system   for
consideration.  Here, the likely outcome would have been to  recommend
continued medical  observation  anticipating  resolution  of  what  is
normally a  self-limited  condition  (“shin  splints”)  with  eventual
return to duty.  According to the Medical Consultant, he found nothing
in the records to suggest the applicant had a  preexisting  condition,
and her inability to complete BMT due to  leg  pain  seems  clearly  a
service-incurred, but not permanently disabling,  condition.   If,  on
the other hand,  an  additional  period  of  observation  and  renewed
efforts to see the applicant through basic military training were  not
effective  in  accomplishing  this  goal,  then   medical   disability
separation with severance pay (taking into  consideration  her  having
less than six months of active duty time) and  10  percent  disability
due to impairment of the tibia, with  slight  knee  disability,  VASRD
Code 5262,  would  have  been  appropriate.   It  is  clear  that  the
“Erroneous Enlistment” reason for separation is not applicable in this
case, and should be corrected.  In the Medical  Consultant’s  opinion,
the applicant  should  have  been  either  continued  on  active  duty
anticipating resolution of her leg pain, or, assuming  no  improvement
after an appropriate period of observation, medically  separated  with
10 percent disability separation pay.  As the applicant continued have
residual symptoms in Jun 98,  the  latter  recommendation  seems  more
appropriate and is the recommendation proposed.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
C.

The Physical Disability Division, AFPC/DPPD, reviewed this application
and recommended denial.  DPPD noted that during the Sep  97  timeframe
while completing basic training, the applicant was seen  for  pain  in
her right leg.  At this time, she was placed  on  restricted  physical
limitations and  received  physical  therapy.   Her  physical  therapy
failed to resolve her medical condition and she was unable to complete
basic training.  Based on her inability to make satisfactory  progress
in  a  required  training  program,   she   was   processed   for   an
administrative entry level separation in accordance with  AFI  36-3208
and characterized for  poor  body  running  mechanics  causing  stress
changes in her lower extremities.

DPPD indicated that after a  review  of  the  AFBCMR  records  by  the
Informal Physical Evaluation Board (IPEB)  on  12  Jul  99,  the  IPEB
concurred with the administrative discharge process of the individual.
 They based their decision on the evidence  of  the  applicant’s  poor
medical conditioning to have existed prior to her enlistment and  that
her medical problem for  “shin  splints”  was  not  considered  to  be
permanent and  thereby  not  compensable  or  ratable  under  military
disability laws  and  policy.   The  Board  determined  that  had  the
applicant been referred to an MEB and  subsequently  referred  to  the
PEB, they would have returned her  to  duty  pending  further  medical
observation and care.   According  to  DPPD,  the  applicant  has  not
submitted any material or documentation to show that she was unfit due
to a physical disability at the time of her involuntary administrative
discharge.

A complete copy of the DPPD evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant  on  2
Aug 99 for review and response.  As of this date, no response has been
received by this office (Exhibit E).

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.  After a thorough review  of
the available evidence, we are  not  persuaded  that  the  applicant’s
entry level separation based on the termination of her initial  active
duty training should  be  changed  to  a  disability  discharge.   The
evidence of record  indicates  that  she  was  given  an  entry  level
separation as a result of her inability  to  complete  basic  training
because of her  unresolved  problem  with  “shin  splints.”   She  was
subsequently separated from the Air National  Guard.   Notwithstanding
the opinion and recommendation by the Medical Consultant, no  evidence
has been presented which  has  shown  to  our  satisfaction  that  her
separation from basic training or the Air National Guard was  improper
or contrary to the prevailing instruction.  In this respect,  we  note
AFPC/DPPD indicated that an IPEB reviewed this  appeal  and  concurred
with the administrative separation of the  applicant.   Therefore,  we
adopt the rationale by AFPC/DPPD and conclude that no basis exists  to
recommend favorable action on the applicant’s request that  her  entry
level   separation   be   changed   to   a    disability    discharge.
Notwithstanding this, we note that  the  reason  for  the  applicant’s
separation from the Air National Guard was erroneous enlistment  as  a
result of her medical problems.  However, after a review of the  facts
and circumstances of this case, we are inclined to change  the  reason
since we do not  believe  this  is  really  an  adequate  designation.
Therefore, we recommend that  the  applicant’s  narrative  reason  for
separation from the Air National  Guard  be  changed  to  “Secretarial
Authority.”

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that, 30 Jan 98,  she  was
given an entry level separation from the Air National Guard and  as  a
Reserve  of  the  Air  Force  under  the  provisions  of  AFI  36-3209
(Secretarial Authority), with a separation code of KFF.

The following members of the  Board  considered  this  application  in
Executive Session on 27 Jan 00, under the provisions of AFI 36-2603:

      Mr. Charles E. Bennett, Panel Chair
      Mr. Gregory H. Petkoff, Member
      Mr. Charlie E. Williams, Jr., Member

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

     Exhibit A.  DD Form 149, dated 9 Apr 99, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, Medical Consultant, dated 1 Jun 99.
     Exhibit D.  Letter, AFPC/DPPD, dated 12 Jul 99.
     Exhibit E.  Letter, SAF/MIBR, dated 2 Aug 99.




                                   CHARLES E. BENNETT
                                   Panel Chair

AFBCMR 99-00968




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 APPLICANT be corrected to show that, on 30 Jan 98,
she was given an entry level separation from the Air National Guard
and as a Reserve of the Air Force under the provisions of AFI 36-3209
(Secretarial Authority), with a separation code of KFF.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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