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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