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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` RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-01235 INDEX CODE 108.01 108.02 xxxxxxxxxxx COUNSEL: None xxxxxxxxxxx HEARING DESIRED: No APPLICANT REQUESTS THAT: Her medical records and fainting episodes be evaluated by a Medical Evaluation Board (MEB) as if she were still on active duty. A copy of the complete evaluation is at Exhibit C. The Chief, Aerospace Medicine Division, HQ AFRC/SGP, also reviewed the case and indicates...