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AF | BCMR | CY2007 | BC-2007-01198
Original file (BC-2007-01198.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01198
            INDEX CODE:  110.00, 112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 OCT 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  Her  character  of  service  be  changed  from  uncharacterized  to   an
honorable discharge.

2.  Her reenlistment eligibility (RE) code of 4C (separated for  concealment
of juvenile records,  minority,  failure  to  meet  physical  standards  for
enlistment, failure to attain a 9.0 reading grade level as measured  by  the
Air Force Reading Abilities Test (AFRAT), or void enlistments) be changed.

3.  Her  separation  code  of  JFW  (failed   medical/physical   procurement
standards) be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was discharged from the Air Force for  having  hardware  in  both  feet.
She believes this is unjust because she did not  lie  or  try  to  hide  any
medical issue.  She desires to reenlist in the service.

In support of her request, the applicant provided a personal  statement  and
documentation extracted from  her  military  personnel  record  and  medical
record.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 18 April 2005 the applicant entered active duty.

A DD Form  2807-1,  Report  of  Medical  History,  dated  5  November  2004,
reflects the applicant indicated “yes” that she has had foot trouble  (e.g.,
pain, corns, bunions, etc.); any knee or foot surgery including  arthroscopy
of the use of  a  scope  to  any  bone  or  joint;  bone,  joint,  or  other
deformity.  She stated that she has had bunions on both feet.

On 28 April 2005, applicant was notified by her commander of his  intent  to
recommend that she be discharged from the Air Force under the provisions  of
AFPD 36-32 and AFI 36-3208, chapter  5,  section  C,  paragraph  5.14.   The
specific reason for this action was a medical  narrative  summary  dated  22
April 2005 that found the applicant did not meet minimum  medical  standards
to enlist.  She was advised of her rights in this  matter  and  acknowledged
receipt of the notification on that same date.   The  applicant  waived  her
right to consult counsel and elected not to submit  statements  on  her  own
behalf.  In a legal review of the  case  file,  the  deputy  chief,  adverse
actions found the case  legally  sufficient  and  recommended  that  she  be
separated.  On 3 May  2005,  the  discharge  authority  concurred  with  the
recommendations and directed that she  be  discharged  with  an  entry-level
separation.  Applicant was separated on 6 May 2005.  She served 19  days  on
active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AETC/SGPS  recommends  the  applicant’s  separation  code,  RE   code,   and
narrative reason be amended to reflect her eligibility to  reenter  military
service,  provided  that  she  has  remained  asymptomatic  and  can   fully
participate in full  unrestricted  physical  activities.   SGPS  states  the
applicant did disclose her history  of  bilateral  foot  problems,  and  the
surgery  performed  four  years  earlier  to  correct  the  defects  on  her
5 November 2004 entry examination.  The  only  documentation  included  with
her case that indicates she was having any problem in basic training  was  a
WHMC Form 3530, Training Temporary Duty Restriction  Form,  dated  22  April
2005, noting limitations  on  her  physical  activities,  and  an  overprint
Standard Form 600, Chronological Record of  Medical  Care,  dated  22  April
2005, recommending she be separated from military service.   There  were  no
other medical or diagnostic evaluations that supported the  reason  for  her
physical limitations, no treatment records, X-Rays, orthopedic, or  podiatry
evaluations to support the medical separation.

The SGPS complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 September 2007, the evaluation was  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  D).   As  of  this  date,  this
office has received no response.

_________________________________________________________________

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 an error or injustice.   In  this  respect,  after  a  thorough
review of the evidence of record, it is clear that the  applicant  disclosed
her history of bilateral foot problems  and  surgery  at  the  time  of  her
enlistment.  While she may  have  had  limitations  on  physical  activities
while in basic training, there appears  to  have  been  no  valid  basis  to
initiate administrative discharge action against her.  Finding no  plausible
reason why she should have been discharged, it  appears  the  actions  taken
were erroneous  and  unjust  and  we  believe  she  should  be  provided  an
opportunity to apply for re-entry  into  the  military.   She  requests  her
uncharacterized service be changed to  reflect  she  received  an  honorable
discharge.  We  understand  that  her  service  was  uncharacterized  simply
because of the brief period of time she was  able  to  serve.   However,  in
view of the fact that she was unjustly denied  an  opportunity  to  continue
serving coupled with our  inability  to  find  any  evidence  of  misconduct
during her brief period of service, we believe the characterization  of  her
service should be changed  to  honorable.   Accordingly,  we  recommend  her
records be corrected to the extent indicated below.  Whether or not  she  is
successful in her attempt to re-enter the military will depend on the  needs
of the service and our recommendation in no way guarantees that she will  be
allowed to return to the Air Force or any other branch of service.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 6 May  2005,  she  was  honorably
discharged under the provision of AFI 36-3208, paragraph  1.2.,  Secretarial
Authority, and issued a Separation Program  Designator  code  of  “JFF”  and
Reenlistment Eligibility code of “3K.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
01198 in Executive Session on 30 October 2007, under the provisions  of  AFI
36-2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Mr. Joseph D. Yount, Member

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

    Exhibit A.  DD Form 149, date 11 April 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AETC/SGPS, dated 28 August 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 21 September 2007.




                       JAY H. JORDAN
                                             Panel Chair


AFBCMR BC-2007-01198




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 XXX, be corrected to show that that on 6 May 2005, she was
honorably discharged under the provision of AFI 36-3208, paragraph 1.2.,
Secretarial Authority, and issued a Separation Program Designator code of
“JFF” and Reenlistment Eligibility code of “3K.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency






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