RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03497
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 MAY 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to change her erroneous enlistment to a
medical discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her foot condition did not exist prior to her entering the Air Force.
In support of her request, the applicant provided a statement and
copies of various documents from her discharge package and medical
records.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force (RegAF) on 12 July
2005 as an airman basic (AB) for a period of six years.
The applicant began Basic Military Training (BMT) and on 20 July 2005
returned to unit from sick call after being seen by podiatry for foot
pain. Podiatry diagnosed the applicant with sesamoiditis with a
recommendation for placement on medical hold and administrative
separation. At the time of her enlistment medical examination prior
to entering the Air Force on 7 April 2005, no problems were identified
with her feet.
A Standard Form 600 dated 21 July 2005, indicates the applicant’s
condition did not exist prior to service but was Line of Duty “no” and
lacks any further details.
On 28 July 2005, the applicant was notified of her commander’s intent
to recommend her for an entry-level separation for erroneous
enlistment for the following reason:
A medical narrative summary dated 21 July 2005, reflected the
applicant did not meet the minimum medical standards to enlist. The
applicant should not have been allowed to join the Air Force because
of sesamoiditis. A disability separation was not requested because
the medical staff found the applicant unqualified.
The commander advised the applicant of her right to consult legal
counsel, and if she so desired an appointment would be made upon
request, and to submit statements in her own behalf. She was
advised that failure to consult with counsel or submit statements
could constitute her waiver of her rights to do so.
On 28 July 2005, the applicant waived her right to consult counsel
and to submit a statement. She also acknowledged if the was
discharged she would not be eligible for a disability retirement or
severance pay.
On 2 August 2005, the discharge authority approved the applicant to
be discharged with an entry-level separation.
The applicant was separated with an uncharacterized entry-level
separation on 5 August 2005 under the provisions of AFI 36-3208,
Defective Enlistment, Erroneous Enlistment, in the grade of airman
basic.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends the requested relief be
denied. The Medical Consultant states the term sesamoiditis refers to
the painful inflammation of the soft tissue about the normal accessory
bones in the foot that are integral to tendon functioning about the
associated joints (commonly the joint at the base of the great toe).
This condition commonly occurs in healthy athletes and usually
responds to conservative treatment (rest, taping, casting, non-weight
bearing, and medication).
The notification memorandum indicated the applicant would be
discharged under the provisions for erroneous enlistment but the
discharge certificate lists “failed medical/procurement standards” as
the reasons for discharge (with a consistent separation code). Thus,
the discharge certificate reflects the medical nature of the discharge
that the applicant requests.
There is insufficient medical documentation available to further
evaluate the nature and circumstances of the applicant’s medical
condition and determine if disability processing rather than
administrative was more appropriate at the time of her discharge. The
presumption of regularity applies and the current evidence available
for review does not support a change in military records.
A copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 6
October 2006, for review and response. 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice. The applicant contends that
she did not have a foot condition prior to entering active duty.
After careful consideration of the circumstances of this case and the
evidence provided by the applicant, we are not persuaded the narrative
reason for separation the applicant received was in error or unjust.
Applicant’s contentions are duly noted; however, we agree with the
opinion and recommendation of the AFBCMR Medical Consultant and adopt
his rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. The applicant was
administratively discharged for failing medical/physical procurement
standards due to a diagnosis of sesamoiditis which interfered with
BMT. The notification memorandum indicated the applicant was being
discharged under the provisions of erroneous enlistment, but the
discharge certificate reflects “failed/medical procurement standards
as the reason for discharge with a consistent separation code.
Therefore the applicant’s DD Form 214 accurately reflects the medical
nature of her discharge. The discharge the applicant received
indicates an uncharacterized entry-level separation for serving less
than six months of service which would be appropriate considering that
the applicant served 24 days of active military service. Therefore,
in view of the above and in the absence of evidence to the contrary,
we find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
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 AFBCMR Docket Number BC-
2005-03497 in Executive Session on 29 November 2006 under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Richard K. Hartley, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Oct 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated
3 Oct 06.
Exhibit D. Letter, AFBCMR, dated 6 Oct 06.
MICHAEL K. GALLOGLY
Panel Chair
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