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AF | BCMR | CY2007 | BC-2006-02476
Original file (BC-2006-02476.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02476
            INDEX CODE:  110.02

            COUNSEL:  American Legion

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty,
be changed to delete Disability, Existed Prior to Service (EPTS).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She had no disabilities prior to her service.   Her  entry  exam  will
show no disabilities existed when she joined the Air Force.

In support of her appeal, the applicant has provided a copy of her  DD
Form 214 and an AF Form 618, Medical Board Report.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 14 February  2006.   On
22 June 2006, while attending Basic Military Training  (BMT)  she  was
referred to the Informal Physical Evaluation Board (IPEB)  for  stress
fractures in the right distal tibia/ankle as well as  the  right  mid-
foot.  The IPEB found her condition, existed prior to service, and was
incompatible with the rigors of military service.  The IPEB opined her
stress fractures were due to a deconditioning which existed  prior  to
her entry on active duty.  The IPEB recommended discharge under  other
than Chapter 71, Title 10 United States Code (U.S.C.) Existed Prior To
Service (EPTS).  On 29  June  2006,  she  concurred  with  the  IPEB’s
findings and her Date of Separation (DOS) was changed to 5 July  2006.
She had served a total of 4 months and 22 days  at  the  time  of  her
discharge.

_________________________________________________________________




AIR FORCE EVALUATION:

HQ AFPC/DPPD recommends denial.  DPPD states the preponderance of  the
evidence reflects that no  error  or  injustice  occurred  during  the
disability process or at the time of her separation.

DPPD’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel for the  applicant  responded  to  the  Air  Force  evaluation
reiterating the applicant’s contention she had no  disabilities  prior
to enlisting in the Air Force and that the entry-level physical  would
provide support for her  contention.   This  injury  happened  in  the
middle of her enlistment and prevented her from completing  her  first
term of service.

Applicant’s complete response 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.  Information from her service medical
record reflects initially that her injury was not EPTS  and  was  only
changed to reflect EPTS by the IPEB.  As the Air  Force  presented  no
conclusive evidence, and  we  are  unable  to  find  anything  in  the
evidence of record, to show that  her  injury  while  on  active  duty
merited a change from EPTS-No to EPTS-Yes, we  believe  any  doubt  in
this matter  should  be  settled  in  favor  of  the  applicant.   The
separation  program  designator  (SPD)  code  and   the   reenlistment
eligibility  (RE)  code  she  was  assigned  at  her   discharge   are
significant  impediments  to   her   reenlistment   eligibility.    By
correcting her SPD and RE  codes  to  Secretarial  Authority,  we  are
giving her the opportunity to apply for a waiver  if  she  desires  to
reenlist.  Should  she  decide  to  do  so,  whether  or  not  she  is
successful will depend on the needs of the military service concerned.
 Our recommendation in no way provides a guarantee that  she  will  be
allowed to return to any  branch  of  the  service.   Accordingly,  we
recommend that her records be corrected to the extent indicated below.

______________________________________________________________




THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 5  July  2006,  she
was separated with under the provisions of AFI 36-3208, paragraph  1.2
(Secretarial Authority) with a  separation  program  designator  (SPD)
code of JFF and a reenlistment eligibility (RE) code of 3K.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-02476  in  Executive  Session  on  1  November  2007,  under  the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Mary C. Puckett, Member
      Ms. Debra K. Walker, Member

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

    Exhibit A.  DD Form 149, dated 31 July 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 26 September 2006.
    Exhibit D.  Letter, SAF/MRBR, dated 6 October 2006.
    Exhibit E.  Letter, APPLICANT, dated 17 October 2006.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


[pic]
Office Of The Assistant Secretary





AFBCMR BC-2006-02476




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 5 July 2006,
she was separated under the provisions of AFI 36-3208, paragraph 1.2
(Secretarial Authority) with a separation program designator (SPD)
code of JFF and a reenlistment eligibility (RE) code of 3K.







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency


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