RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03282
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her separation and reenlistment codes be changed to allow her to
reenlist in the Air Force or Reserves.
_________________________________________________________________
APPLICANT CONTENDS THAT:
After arriving at tech school, she began experiencing pain in her
ankle. She underwent numerous medical tests to diagnose the problem.
When all forms of treatment and testing were inconclusive, a magnetic
resonance imaging (MRI) test was ordered to determine the cause of her
ankle pain. During a follow-up visit nothing was mentioned about her
MRI and the doctor still believed her ankle pain was due to a stress
fracture that was not healing properly. In the duration of her
initial visit and her MRI, the doctor had given her at least two
recommendations for reclassification into a different job field. The
doctor felt she was fully capable of military duty, but physically
could not complete security forces training. She was seen by another
doctor at the same facility who also recommended reclassification.
All recommendations for reclassification were denied by the Student
Superintendent at her squadron. The only option she received was to
separate.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 26 September 2001 for a
period of four years as an airman basic.
On 22 February 2002, applicant was notified of her commander's intent
to recommend her for discharge for erroneous enlistment.
The commander stated the following reason for the proposed discharge:
The Chronological Record of Medical Care, dated 11 February 2002,
indicates the applicant was diagnosed with ankle pain. It was
determined this condition existed prior to service and had not been
permanently aggravated by service. Because of this condition, the
applicant’s ability to function in the military environment was
significantly impaired.
The commander advised the applicant of her right to consult legal
counsel and that legal counsel had been obtained to assist her; and to
submit statements in her own behalf, or waive the above rights after
consulting with counsel.
The commander indicated in his recommendation for discharge action
that if his recommendation was approved, the applicant's separation
would be characterized as entry-level.
On 25 February 2002, after consulting with counsel, applicant waived
her right to submit a statement.
A legal review was conducted in which the staff judge advocate (SJA)
recommended the applicant be discharged with an entry-level discharge.
The applicant was discharged on 5 March 2002, in the grade of airman
basic with an uncharacterized entry level separation. She served 1
month and 10 days of active duty service. She received an RE code of
“2C” which means "Involuntarily separated with an honorable discharge;
or entry level separation without service characterization and a SPD
of “JFC” which means "Erroneous Entry."
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief Medical Consultant, AFBCMR, states the applicant while in
basic training began experiencing right ankle and lower extremity pain
which interfered with her training. The applicant was able to
complete basic military training (BMT). She then entered training for
Security Forces and was unable to meet the physical requirements to
complete the training due to her ankle pain.
A review of the applicant’s medical records indicates the right ankle
pain began on the first day of basic military training and on 16
November 2001, the first day of training for Security Forces, the
applicant was evaluated for ankle pain. The applicant was initially
diagnosed with tendonitis and was treated with a brace, Motrin, and
restricted physical limited activity. Due to the applicant’s
persistent pain a magnetic resonance imaging (MRI) study was
performed. The MRI report showed the ankle was normal except for:
“Nonspecific bone marrow edema, primarily in the posterior portion of
the right talus. The radiologist determined this most likely
represented a mild contusion due to an old trauma. The differential
diagnosis would also include minimal transient osteoporosis. There
was no evidence of cartilage abnormality.” The applicant, despite
therapy and activity limitations, continued to complain of ankle pain.
The applicant’s podiatrist suggested she consider cross training to a
less stressful career field.
The applicant, in addition to her ankle pain, presented to the clinic
for complaints of chest tightness and shortness of breath when she
walked and marched. A family history of asthma in her father and
sister was noted and the applicant was evaluated for possible asthma.
A histamine brochoprovocation test was performed and the results were
negative. The applicant was returned to duty.
The applicant, in her request for correction of her records, states
after her discharge she underwent treatment from a civilian orthopedic
surgeon who treated her with casting and arthroscopic surgery with an
expectation of a “full recovery.” However, the applicant has not
provided any information regarding her recovery and functional status.
The Medical Consultant further states if the applicant’s
postoperative outcome is excellent and her ankle shows normal function
without pain, favorable consideration for enlistment is likely. He
recommends the applicant be invited to submit further evidence in the
form of medical records.
The Medical Consultant has additional concern regarding the
applicant’s history of possible reactive airway disease manifesting as
symptoms of chest tightness and shortness of breath with exercise.
Although the applicant’s brochoprovocation test was negative, a strong
family history of asthma was noted. At the time of the applicant’s
separation, this condition was not disqualifying for continued
service. However, medical standards for enlistment indicate that
“asthma, including reactive airway disease, exercise induced
bronchospasm or asthmatic bronchitis, reliably diagnosed at any age”
is disqualifying for enlistment. The medical standards are broader
than defined diagnosis of asthma and include reactive airways that may
not meet strict criteria for the diagnosis of asthma.
The Medical Consultant states the action and disposition in this case
were proper and equitable reflecting compliance with Air Force
directives that implement the law. He recommends not changing the RE
code, however, the applicant is encouraged to submit copies of
civilian medical records concerning her postoperative outcome and
respiratory conditions for evaluation.
A complete copy of the Air Force evaluation is attached at Exhibit C.
HQ AFPC/DPPRS states based upon the documentation in the applicant's
records, they believe her discharge was consistent with the procedural
and substantive requirements of the discharge regulation. Also, the
discharge was within the sound discretion of the discharge authority.
Air Force policy is that entry-level separations/uncharacterized
service characterizations are given to service members who have not
completed more than 180 days of continuous active service. The
Department of Defense (DOD) determined if a service member served less
than 180 days of active service, that it would be unfair to the member
to characterize that service. The applicant's uncharacterized service
is correct and in accordance with DOD and AFIs. The uncharacterized
separation should not be viewed as negative and not be confused with
other types of separations.
DPPRS recommends the denying the applicant’s request.
A complete copy of the Air Force evaluation is attached at Exhibit D.
HQ AFPC/DPPAE states the applicant received a reenlistment eligibility
code of "2C," indicating the member was involuntarily separated with
an honorable discharge, or entry level separation without
characterization, which is correct (Exhibit E).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and provided, in
support of her application, copies of medical waivers from a Maj N.
recommending reclassification for the applicant, civilian MRI report,
operative report and arthroscopic photographs of before and after
surgery and a letter from her podiatrist stating the applicant has
fully recovered from ankle condition and has no functional
limitations.
The applicant’s complete response with attachments is attached at
Exhibit G.
_________________________________________________________________
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 an error or injustice. After a careful review of
the applicant’s request, the available medical records, and the
evidence presented in support of her appeal, we are persuaded that a
change to her narrative reason and reenlistment eligibility code is
warranted. In coming to this conclusion, we noted that the applicant
indicates that she may have sprained her ankle prior to entry on
active duty, but that she successfully completed basic military
training (BMT) and it was only after she commenced technical training
that she began to experience pain in her ankle. Therefore, we
believe that any doubt should be resolved in the applicant’s favor.
In this respect, it is noted that according to her medical records,
the applicant presented to the podiatry clinic for treatment on
16 November 2001 complaining of pain in her ankle for a week, saying
that “the pain started after her first day of PT.” We note that the
applicant entered active duty on 26 September 2001, therefore, we are
persuaded that if the applicant’s condition was EPTS, it would have
manifested itself during the rigors of the six weeks of BMT. In view
of this, we believe this condition commenced during technical
training, not BMT. Additionally, it is noted that the only treatment
the applicant received during this time period was medication, an
ankle brace, and a profile restricting her physical activity.
Further, the treating podiatrist not only indicated that the
applicant’s condition did not warrant a medical separation but that
she should be cross-trained to a less stressful career field because
of a protracted recuperative course. However, we find no
documentation that any further treatment was ordered or that she was
ever considered for cross-training. Rather, the applicant was
discharged for an erroneous enlistment on the basis that her medical
condition existed prior to service (EPTS) and was not aggravated by
the service. Further, while we cannot determine whether her
condition would have resolved had she been allowed to remain on
active duty and received further treatment, we note that with post-
service treatment, the applicant has full function of her ankle. In
view of the foregoing, we are persuaded that the applicant should not
be labeled with an erroneous enlistment. Therefore, we recommend
that the narrative reason for her separation be changed to
“Secretarial Authority” with the corresponding separation code and
her reenlistment eligibility (RE) code be changed to “3K” thereby
affording her the opportunity to apply for a waiver to reenlist in
the armed services. Whether or not she is successful will depend on
the needs of the service and whether she is otherwise qualified.
This recommendation in no way guarantees that she will be allowed to
return to the Air Force or any branch 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 5 March 2002, she
was separated with an uncharacterized entry-level separation under the
provisions of AFI 36-3208, paragraph 1.2, (Secretarial Authority),
with Separation Program Designator (SPD) code of “JFF” and a
Reenlistment Eligibility (RE) code of “3K.”
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2002-03282 in Executive Session on 13 May 2003 and 30 May 2003,
under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. John B. Hennessey, Member
Mr. E. David Hoard, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Oct 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated
2 Jan 03.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 10 Feb 03.
Exhibit E. Letter, HQ AFPC/DPPAE, dated 27 Mar 03.
Exhibit F. Letter, SAF/MRBR, dated 4 Apr 03.
Exhibit G. Letter, Applicant’s Response, dated 17 Apr 03,
w/atchs.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR BC-2002-03282
INDEX CODE: 110.00
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction for 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, SSN, be corrected to show that on 5
March 2002, she was separated with an uncharacterized entry-level
separation under the provisions of AFI 36-3208, paragraph 1.2,
(Secretarial Authority), with Separation Program Designator (SPD)
code of “JFF” and a Reenlistment Eligibility (RE) code of “3K.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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