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AF | BCMR | CY2008 | BC-2008-01295
Original file (BC-2008-01295.doc) Auto-classification: Denied

                            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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