RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00431

                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  17 August 2007


________________________________________________________________

APPLICANT REQUESTS THAT:

1.    His entry level separation be changed to a medical discharge.

2.    His Reenlistment Eligibility (RE) code be changed from “3K -  Reserved
for use by AFBCMR” to “2Q - Personnel medically retired or discharged.”

3.    His Separation Program Designator (SPD) code be changed  from  “JFW  -
Failed Medical/Physical Procurement Standards” to “JTR - Disability  -  Non-
EPTS.”

________________________________________________________________

APPLICANT CONTENDS THAT:

Although he had  a  left  shoulder  injury  as  a  civilian,  he  injured  a
different part of his shoulder while on active duty, warranting his  medical
discharge.

The Department of Veterans Affairs (DVA) confirms  the  injury  is  not  the
same injury he had prior to entering the military.  On 22 April 2005, a  DVA
examiner noted that his current left shoulder condition was a result  of  or
caused by the injuries suffered in recruit training  at  Lackland  AFB,  and
that it was highly unlikely a  patient  would  suffer  recurrent,  posterior
dislocations after surgery.  In view of this, the DVA has awarded him  a  10
percent disability rating.

In support of the appeal, applicant submits a 3 September  2005  DVA  rating
decision and extracts from his medical records.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 26 March 2002  for  a  period
of 4 years.  On 8 April  2002,  the  commander  notified  him  that  he  was
recommending  his  discharge  for  failed  physical   standards   (erroneous
enlistment).  The reason for the action  was  that  he  received  a  medical
narrative summary, dated 1 April 2002, which found  that  he  did  not  meet
minimum medical standards to  enlist  because  of  a  history  of  recurrent
shoulder dislocation and  pain.   Carrying  a  backpack  in  basic  training
exacerbated his pain.  Applicant waived his right to consult  legal  counsel
and did not submit statements for consideration.   The  discharge  authority
approved  the  separation  on  8  April  2002  and  ordered  an  entry-level
separation (uncharacterized).

On 10 April 2002, he was administratively discharged  under  the  provisions
of   AFI   36-3208,   Administrative   Separation    of    Airmen    (failed
medical/physical  procurement   standards),   SPD   Code   “JFW   -   Failed
Medical/Physical Procurement Standards with an  uncharacterized  entry-level
separation and an RE code of “4C - Separated for failure  to  meet  physical
standards for enlistment.”  He served 15 days of total active service.

On 11 July 2002, the DVA  denied  his  request  for  service-connection  for
recurrent anterior instability, left shoulder, because the  disability  pre-
existed service and was not incurred in or aggravated  by  service.   On  24
January 2005, the DVA again denied  his  request  because  the  evidence  he
submitted was not new and material.

On 6 January 2004, the Board considered the applicant’s request that his  RE
code be changed.  In view of the supporting statement from  the  applicant’s
physician indicating his shoulder  has  healed  and  his  medical  condition
changed, the Board changed his RE code to  “3K”  which  can  be  waived  for
prior service enlistment.  For an accounting of the facts and  circumstances
surrounding the applicant’s separation, and the  rationale  of  the  earlier
decision by the Board, see the Record of Proceedings at Exhibit C.

On 3 September 2005, the DVA awarded him service-connection for status  post
anterior dislocation of the left shoulder with surgery, with  a  compensable
disability rating of 10%, effective 29 October 2004.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends no change to the records and  states,
in  part,  the  medical  facts  support  a   pre-existing   condition   that
predisposed the applicant to left  shoulder  problems.   His  left  shoulder
labral hypoplasia  and  anterior  laxity  were  documented  before  military
service, at the time of his 2001 shoulder surgery.   Furthermore,  there  is
no evidence that  his  condition  was  permanently  aggravated  by  military
service.  Applicant previously  provided  a  10  July  2002  note  from  his
physician indicating that his shoulder discomfort  and  motion/strength  had
significantly improved by physical therapy  to  the  extent  that  he  could
reenter military service.  In view of this, the AFBCMR changed his  RE  code
to “3K” to provide him an opportunity to reenlist.  There was no  report  of
dislocation, anterior instability, subluxation or findings of  rotator  cuff
pathology.  He now provides a 10% DVA rating  decision  in  support  of  his
contention that he should have  been  medically  discharged.   However,  the
fact that he has been granted a  service-connected  disability  rating  from
the DVA does not entitle him to Air Force disability compensation.  The  DVA
and military disability evaluation systems operate under Titles 38  and  10,
respectively.   They  are  complementary  systems   not   intended   to   be
duplicative.  In addition, members completing less than six months  service,
as in the applicant’s case, are not entitled to disability severance pay.

The BCMR Medical Consultant’s evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  22
January 2007, for  review  and  comment.   However,  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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation  of  the  BCMR  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.  Therefore, in the absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought in this application.

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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  Docket  Number  BC-2006-00431
in Executive Session on 14  February  2007  and  1  March  2007,  under  the
provisions of AFI 36-2603:

                       Mr. James W. Russell, III, Panel Chair
                       Ms. Dee R. Reardon, Member
                       Mr. Jeffery R. Shelton, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Jan 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Record of Proceedings, w/atchs.
    Exhibit D.  Memo, BCMR Medical Consultant, dated 19 Jan 07.
    Exhibit E.  Letter, SAF/MRBR, dated 22 Jan 07.




                                   JAMES W. RUSSELL, III
                                   Panel Chair