RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2003-00688
INDEX CODE 107.00 110.02
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214 reflect receipt of the National Defense Service Medal
(NDSM) and the Air Force Good Conduct Medal (AFGCM) and an honorable
discharge, rather than an entry-level separation.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was awarded the NDSM but it was not included in his DD Form 214.
Everyone was awarded the NDSM during wartime in basic training. The
erroneous enlistment was not his fault. The Air Force accepted him and
he should receive an honorable discharge.
The applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to an National Guard Bureau (NGB) Form 22 submitted by the
applicant in his rebuttal (Exhibit F), he enlisted in the Arizona Air
National Guard (AZ ANG) on 17 Feb 02. After 4 months and 25 days of
service, he was conditionally released on 11 Dec 02 in the grade of
airman first class, presumably to enlist in the Regular Air Force. The
NGB Form 22 further indicates he received the NDSM. Also in his
rebuttal (Exhibit F), the applicant provided a copy of a Military
Personnel Flight (MPF) Individual Actions printout from the HQ AFPC
Personal Info website. The form indicates the applicant received the
NDSM and the AFGCM. The AFGCM is not reflected on the NGB Form 22.
However, these award entries are questionable as they are contrary to
the eligibility criteria stipulated by Department of Defense Manual
(DODM) 1348.33 and Air Force Instruction (AFI) 36-2803 (Extracts at
Tab 1). Briefly, the NDSM is awarded for honorable service on active
duty, other than training, for specified periods, and the AFGCM
requires three years of honorable service on active duty. HQ
AFPC/DPPPR informally advised the AFBCMR Staff that they could not
explain why the NGB entered these two awards into the applicant’s
military personnel data system records since he is not eligible for
them.
The applicant, then age 27, enlisted for six years in the Regular Air
Force on 12 Dec 02 as an airman basic and was assigned to Lackland
AFB, TX for basic military training (BMT).
Apparently within a few days after beginning BMT, he was seen in the
emergency room by Surgery for a condition that was diagnosed as a
pilonidal cyst (a hairy cyst in the gluteal cleft adjacent to the anus
which can become infected with complications requiring significant
surgical treatment and prolonged convalescence). There is no
information as to what led to this discovery as the applicant
apparently was asymptomatic and unaware he had the condition.
According to the brief medical narrative, the condition was a
disqualifying condition, existed prior to service (EPTS), and was not
aggravated by training beyond the normal progression of the ailment.
Administrative separation was recommended as well as follow-up,
including surgical intervention, with a civilian provider after
separation. The summary also indicated the applicant could reapply for
enlistment after the condition was resolved.
On 26 Dec 02, the commander notified the applicant of his intent to
recommend entry-level separation for erroneous enlistment based on the
discovery of the pilonidal cyst. The commander indicated the applicant
did not meet minimum medical standards and should not have been
allowed to enlist. The applicant acknowledged receipt, whereupon the
commander recommended the applicant’s entry-level separation for
defective enlistment. After consulting with counsel, the applicant
waived his right to submit statements and acknowledged his discharge
would not entitle him to any disability, retirement or severance pay.
The case was found legally sufficient on 14 Jan 03, and the discharge
authority approved the discharge on 15 Jan 03.
After one month and six days of active service, the applicant was
discharged on 17 Jan 03 in the grade of airman with an uncharacterized
entry-level separation for failing medical/physical procurement
standards. The DD Form 214 reflects “None” in Block 13 for decorations
awarded or authorized.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR indicates the applicant was on active duty for a period
of one month and 17 [sic] days. [Note: This is incorrect; the
applicant was on active duty for one month and six days.] The NDSM is
awarded for honorable service during specified periods. Since he
received an entry-level separation, with uncharacterized service, he
is not eligible for or entitled to the NDSM. Denial is recommended.
A complete copy of the evaluation is at Exhibit C.
HQ AFPC/DPPRS notes that had the Air Force known of the applicant’s
EPTS pilonidal cyst, he would not have been allowed to enlist. An
erroneous enlistment is one that would not have occurred if the
service had known about the applicant’s condition prior to enlistment
and the applicant did not intentionally conceal the condition. Based
on the file’s documentation, they believe the discharge was consistent
with the procedural and substantive requirements of the discharge
regulation. Airmen are given entry-level separation/uncharacterized
service when separation is initiated in the first 180 days of
continuous active service. The DOD determined if a member served less
than 180 days continuous active service, it would be unfair to the
member and the service to characterize this limited service. His
uncharacterized service is correct and in accordance with governing
directives and should not be viewed as negative or confused with other
types of separation. Denial is recommended.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided copies of an NGB Form 22 he received from the
AZ ANG and of his personal decorations information from the MPF
website. He believes these documents entitle him to the NDSM and the
AFGCM and this should be reflected on his DD Form 214. He believes if
the ANG can issue an honorable discharge, he should receive one from
the Regular Air Force. He was discharged and/or enlisted in error and
through no fault of his own. His service was limited but honorable.
A complete copy of applicant’s response, with attachments, is at
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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough review of the
evidence of record and the applicant’s submission, we are not
persuaded that his DD Form 214 should be amended. The applicant’s
contentions are duly noted; however, we do not find these assertions,
in and by themselves, sufficiently persuasive to override the
rationale provided by the Air Force or the award criteria established
by DOD and Air Force governing directives. We cannot understand why
the documents the applicant provides appear to indicate he was awarded
the NDSM and the AFGCM as he clearly is not eligible for either of
them. As for his entry-level discharge, uncharacterized separations of
such limited active duty service as his should not be viewed
negatively or confused with other types of separations. The applicant
has not substantiated his claim that his DD Form 214 is incorrect.
Therefore, we adopt the rationale expressed by the Air Force as the
basis for our decision that the applicant has suffered neither an
error nor an injustice. In view of the above and absent persuasive
evidence to the contrary, we conclude this appeal should be denied.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 12 June 2003 under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Vice Chair
Mr. Joseph A. Roj, Member
Ms. Cheryl Jacobson, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2003-00688 was considered:
Exhibit A. DD Form 149, dated 23 Feb 03, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 28 Mar 03.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 3 Apr 03.
Exhibit E. Letter, SAF/MRBR, dated 11 Apr 03.
Exhibit F. Letter, Applicant, dated 17 Apr 03, w/atchs.
THOMAS S. MARKIEWICZ
Vice Chair
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