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AF | BCMR | CY2006 | BC-2006-01533
Original file (BC-2006-01533.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01533
            INDEX CODE:  100.03

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE: 20 NOVEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her  narrative  reason  for  separation,  "Erroneous  Enlistment",  be
changed to a medical discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant makes no contentions.

In support of her appeal, the applicant has  provided  DD  Form  2648,
Preseparation  Counseling  Checklist  for  Active  Component   Service
Members, 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 on 7 December 2004 for
a period of four years.

On 15 February 2006, applicant's commander notified her  that  he  was
recommending discharge from the Air Force  for  erroneous  enlistment.
The  basis  for  the  commander's   recommendation   was   applicant's
Chronological Record of Medical Care Form, which stated that applicant
was diagnosed with shoulder pain/weakness. Applicant was  required  to
lift 70 pounds over her head to qualify for security  forces  and  was
unable to lift more  than  15  pounds.  Her  inability  to  meet  this
physical requirement prevented her from completing technical training.
This condition existed prior to entry into the  service  and  has  not
been permanently aggravated by service. Had the  Air  Force  known  of
this condition prior to entry into the military, she  would  not  have
been allowed entry into the military.
Applicant acknowledged receipt of the notification  of  discharge  and
waived her rights to consult with legal counsel and submit  statements
in her own behalf. The base legal office reviewed the case,  found  it
legally sufficient to support separation, and recommended an honorable
discharge without probation and rehabilitation. The authority approved
the separation and directed  that  applicant  be  discharged  with  an
honorable discharge without probation  and  rehabilitation.  Applicant
served on active duty for a period of 1 year, 3 months and 2 days.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommended  denial  and  stated  that  based   upon   the
documentation  on  file  in  the  available  personnel  records,   the
discharge  was  consistent  with  the   procedural   and   substantive
requirements of the discharge regulation.  The  discharge  was  within
the discretion of the discharge authority.  Applicant did  not  submit
any evidence or identify any errors or injustices that occurred in the
discharge processing.  She provided no facts warranting  a  change  to
her character of service.

AFPC/DPPRS’s complete 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
26 May 2006 for review and comment within 30 days.  As of  this  date,
there has been no response 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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of an error or injustice.  After a  thorough  review  of
the  evidence  of  record  and  applicant’s  submission,  we  are  not
persuaded that any corrective  action  is  warranted.   Therefore,  we
agree with the opinion and recommendation of the Air Force  office  of
primary responsibility and adopt the rationale expressed as the  basis
for our decision that the applicant has failed to sustain  her  burden
of having suffered either an error or injustice. The preponderance  of
evidence reflects a probable pre-existing medical condition that,  had
it been known,  the  applicant  would  not  have  been  accepted  into
military service. Hence, an erroneous enlistment was not the result of
fraudulent conduct by the applicant.  Therefore,  in  the  absence  of
persuasive 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-
2006-01533 in Executive Session on 22 June 2006, under the  provisions
of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Alan A. Blomgren, Member
      Ms. Glenda Scheiner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 May 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 22 May 2006.
    Exhibit D.  Letter, SAF/MRBR, dated 26 May 2006.




                                   THOMAS S. MARKIEWICZ
                                   Chair


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