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AF | BCMR | CY2004 | BC-2003-01155
Original file (BC-2003-01155.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01155

            COUNSEL:  No

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  character  of  service,  separation  authority,  separation  code  JFC,
narrative reason for separation and reenlistment eligibility  (RE)  2C  code
be changed so that he may pursue a career in the military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has found out that the RE code means that he is not eligible to  reenlist
in the military.  He was lead to believe that once his knee  was  better  he
could reenlist.  He does not have a degenerative joint disease therefore  he
did not give erroneous information when he enlisted into the Air Force.   He
waited six months and then went to  the  Jacksonville  Orthopedic  Institute
and  was  seen  by  P---  M.  H---,  MD.   Dr.  H---  completed  a  physical
examination and x-ray studies.  He found no knee damage and  his  impression
was a normal orthopedic exam.  If there was other  information  that  caused
the Reentry Code  and  Narrative  Reason  for  Separation-he  did  not  give
erroneous information when he enlisted.

In  support  of  his  appeal,  he  submits  AETC  Form   125A,   Record   of
Administrative  Training,  a  personal   letter,   an   orthopedic   medical
evaluation from his doctor and  DD  Form  214,  Certificate  of  Release  or
Discharge from Active Duty.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as  an  airman  basic  on  1
April 2001 for a period of 4 years.  He completed  basic  military  training
but in his applicantion reports that he experienced  knee  pain  during  the
fourth week of basic training due to an injury and was on medical  hold  for
a week prior to resuming and completing basic training  May  24,  2002.   He
began Security Forces training but because of persistent pain was unable  to
participate in training.  He was separated from the Air Force on  15  August
2001 under the provisions  of  AFI  36-3208,  Administrative  Separation  of
Airmen (erroneous entry) with an uncharacterized entry-level separation  due
to an existing prior to service degenerative joint disease of the left  knee
not aggravated by service  He served 4 months and 15 days  of  total  active
military duty.

_________________________________________________________________

AIR FORCE EVALUATION:

BCMR Medical Consultant is of the opinion that the no change in the  records
is warranted.  The applicant experienced progressive left knee  pain  during
training that prevented him from participating in Security  Forces  training
despite several weeks of  appropriate  therapy  with  rest,  medication  and
physical therapy.  His clinical diagnosis was patellofemoral pain  syndrome,
a common condition that can be due to predisposing factors in the knee  that
can (but not in all cases) include degenerative processes of  the  joint  or
abnormal tracking of the knee cap (patella).  The  knee  may  be  previously
asymptomatic or only mildly symptomatic but the rigors of military  training
will temporarily aggravate the condition.  In  the  absence  of  significant
predisposing factors the condition typically responds to rest  and  physical
therapy.  The applicant’s pain did not  respond  to  therapy  after  several
weeks (May 29 to July 9) and  rendered  him  unfit  for  continued  military
service.   Evidence  in  the  records  indicates  that  the  applicant   had
experienced mild symptoms prior to  service.   The  condition  was  formally
diagnosed  as  mild  degenerative  joint  disease  based  on  the   official
radiology report, however both the Air  Force  orthopedic  surgeon  and  the
civilian orthopedic surgeon did not reach that same conclusion.  Whether  or
not mild degenerative joint disease is present, the  applicant  demonstrated
duty limiting symptoms of knee pain that rendered him  unfit  for  continued
duty.  Following separation from the Air Force,  his  orthopedic  evaluation
was normal confirming the lack of service aggravation.  The fact that he  is
doing well now does not predict that  he  will  not  again  experience  duty
limiting knee pain when exposed to the rigors  of  military  training.  Past
experience with patellofemoral pain syndrome refractory to medication,  rest
and physical therapy is predictive of a greater risk for recurrence.

Erroneous enlistment would not have occurred had  the  relevant  facts  been
known by the Air Force and it was not the result of  fraudulent  conduct  on
the part of the member.  The Air Force based this on the  reported  presence
of degenerative changes on x-ray (unknown to the Air Force or the  applicant
prior to entry) that could not have developed in the  short  time  while  on
active duty and the applicant report  of  mild  symptoms  prior  to  service
(medical record entry dated June 24, 2002).  Based on review of the  record,
there is no evidence that the applicant concealed any information  regarding
his knees at the time of his enlistment medical examination.   Had  the  Air
Force known that  there  was  a  high  likelihood  for  the  development  of
disqualifying knee pain (regardless of cause), the applicant would not  have
been inducted, however the reason for discharge of  failed  medical/physical
procurement standards may be considered as appropriate alternative.

Action and disposition in this case  are  proper  and  equitable  reflecting
compliance with Air Force directives that implement the law.

BCMR Medical Consultant complete evaluation is at Exhibit C.

AFPC/DPPRSP stated that  based  on  the  documentation  in  the  file,  they
believe the discharge was consistent with  the  procedural  and  substantive
requirements of AFI 36-3208, the discharge regulation for enlisted  members.
 Additionally, the discharge was within sound discretion  of  the  discharge
authority.  Airmen are given entry-level separation/uncharacterized  service
characterization when separation is initiated  in  the  first  180  days  of
continuous active service.  The Department of Defense (DOD) determined if  a
member served less than 180 days continuous service, it would be  unfair  to
the member and the service  to  characterize  their  limited  service.   The
applicant did not  submit  any  new  evidence  or  identify  any  errors  or
injustices that occurred in the discharge process.   They  concur  with  the
BCMR Medical Consultant and recommend no change in his discharge.

AFPC/DPPRSP complete evaluation is at Exhibit D.

AFPC/DPPAE stated that the RE code of 2C, "Involuntarily separated  with  an
honorable discharge; or entry level separation without  characterization  of
service" is correct.   On 15 April 2002,  the  applicant  was  involuntarily
discharged with his character  of  service  listed  as  uncharacterized.  No
evidence was presented to support changing  the  RE  code.   Waivers  of  RE
codes for enlistment are considered and approval based on the needs  of  the
respective military service and recruiting initiatives at the  time  of  the
enlistment inquiry.

AFPC/DPPAE complete evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 24 November 2003, for review and comment within  30  days.   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 injustice.  While the RE code assigned  to  the  applicant,  at
the time was technically correct  and  in  accordance  with  the  applicable
instructions, we believe it would be an injustice for  him  to  continue  to
suffer its effects in the way  of  enlistment  opportunities  in  the  armed
forces.  It appears that his physical ability to progress  in  his  security
police training was affected in part by a medical condition, which  we  note
no longer exists.  We note also that he  wishes  to  continue  to  pursue  a
career in the military and in view of  the  totality  of  the  circumstances
present in this case, we believe that he should be given the opportunity  to
apply for enlistment.  Whether or not he is successful will  depend  on  the
needs of the service and our recommendation in no  way  guarantees  that  he
will be allowed to return to any branch  of  the  service.   Therefore,  the
reason for his separation should be changed  to  Secretarial  Authority  and
his RE code of 2C should be changed to 3K, a code that  can  be  waived  for
prior service enlistment consideration.


_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 15 August 2002, he  was  separated
under the provisions of AFI 36-3208, paragraph 1.2  (Secretarial  Authority)
with a separation code of JFF and a reenlistment eligibility  (RE)  code  of
3K.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-01155
in Executive Session on 8 January 2004, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Cheryl Jacobson, Member
      Mr. James A. Wolffe, Member

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


     Exhibit A.  DD Form 149, dated 19 March 2002, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, 28 Jul 03.
     Exhibit D.  Letter, AFPC/DPPRS, dated 20 Aug 03.
     Exhibit E.  Letter, AFPC/DPPAE, dated 28 Oct 03.
     Exhibit F.  Letter, SAF/MRBR, dated 24 Nov 03.




                                  THOMAS S. MARKIEWICZ
                                  Chair

AFBCMR BC-2003-01155




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 15 August 2002, he was
separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial
Authority) with a separation code of JFF and a reenlistment eligibility
(RE) code of 3K.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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