RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01295
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her uncharacterized entry-level separation be changed to an under
honorable conditions (general) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was born with a deformity in her toes but it never bothered her in
any physical way. The doctors at the Military Enlistment Processing
Station (MEPS) found her feet to be fine and did not issue a waiver.
After entering boot camp she began having foot pain and after seeing
the podiatrist it was determined she has a claw foot deformity. The
condition may have been corrected by surgery, but it was decided that
she would be administratively separated. She is now home with no job,
no health insurance and in need of surgery. She is having difficulty
finding a job because she cannot stand for long periods of time.
In support of her appeal, applicant submitted a personal statement,
character references and documents extracted from her military
records.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 16 Jan 07, the applicant contracted her initial enlistment in the
Regular Air Force.
On 7 Feb 07, she was notified her commander was recommending her for
discharge from the Air Force for Erroneous Enlistment. The specific
reason for the discharge action was a medical summary dated 1 Feb 07,
which determined the applicant did not meet minimum medical standards
for enlistment.
The commander advised her of her rights in this matter.
She acknowledged receipt of the discharge action and waived her rights
to consult legal counsel and to submit statements in her own behalf.
She also acknowledged an understanding that if discharged for the
reason cited she would not be entitled to any disability, retirement
or severance pay.
On 12 Feb 07, a base legal review was conducted in which the staff
judge advocate found the discharge action legally sufficient to
support separation and recommended separation with an entry-level
separation.
On 13 Feb 07, the discharge authority directed discharge with an entry-
level separation without probation and rehabilitation.
She was separated on 15 Feb 07. She served one month on active duty.
Her DD Form 214 reflects the narrative reason for separation as Failed
Medical/Physical Procurement Standards.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial. The Medical
Consultant states service members who are unable to perform their
military duties due to reasons of failure to adapt or have a pre-
existing medical condition within the first 180 days of military
service, are separated with an entry-level separation with an
uncharacterized service characterization. A under honorable
conditions (general) discharge is issued when a service member has
incurred misconduct or other disciplinary infractions during a period
of service that are not so egregious as to warrant a worse service
characterization. Individuals who are unable to satisfy military
training requirements soon after entering military service are
discharged with uncharacterized military service; a characterization
under any other terms would be unfair to the service member. Although
the applicant alleges that her feet never bothered her in a physical
way until after entering boot camp, the Medical Consultant believes
the resultant pain or difficulties she experienced does not constitute
a permanent aggravation or an accelerated progression of her
congenital foot deformities. Retaining the applicant or placing her
on administrative hold to allow elective corrective surgery is not in
compliance with the governing Air Force Instruction.
The AFBCMR Medical Consultant’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 8 Aug 08, a copy of the Air Force evaluation was forwarded to the
applicant for review and comment within 30 days. 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We are not persuaded by the
evidence presented that the uncharacterized entry-level separation
should be changed in a manner which would allow entitlement to
veteran's benefits. Additionally, we are compelled to note that
uncharacterized separation is not an unfavorable reflection upon the
applicant's military service nor should it be confused with other
types of separation. Rather, an entry-level separation with
uncharacterized service is used in those cases where the member has
not yet completed six months of service at the time separation
proceedings is, for whatever reason, initiated. Hence, an
uncharacterized separation merely connotes the brevity of an
individual's membership in the service and may not, in and of itself,
be viewed as a defamation of character. In instances where a former
member has not completed six months of service, characterization of
his or her service as honorable is normally appropriate when
extenuating factors exist. However, after a thorough review of the
applicant's submission and the evidence of record, we see no evidence
of any extenuating circumstances in this case. Therefore, in the
absence of persuasive evidence indicating that the applicant was
deprived of rights to which entitled or that inappropriate standards
were applied in this case, 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-
2008-01295 in Executive Session on 9 Oct 08, under the provisions of
AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Mr. Gregory A. Parker, Member
Ms. Lea Gallogly, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Mar 08, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated 6 Aug 08.
Exhibit D. Letter, SAF/MRBR, dated 8 Aug 08.
JAMES W. RUSSELL III
Panel Chair
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