RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2008-01564
            INDEX CODE: 112.10
      XXXXXXX                     COUNSEL:  NONE
                                   HEARING DESIRED:  YES

______________________________________________________________

APPLICANT REQUESTS THAT:

His reentry code  of  "4C"  which  denotes  "Separated  for  concealment  of
juvenile  records,  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 enlistment”  on  his  DD  Form  214,
Certificate of Release or Discharge from Active Duty  be  changed  to  allow
his enlistment in the Armed Forces.

________________________________________________________________

APPLICANT CONTENDS THAT:

His medical condition was not given time to heal.

In support of his request, the applicant submitted a copy of  his  DD  Form
214 and a physical exam from the Salvation Army.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 23 Jun 93,  the  applicant  contracted  his  initial  enlistment  in  the
Regular Air Force, for a period of four years.

On 27 Aug 93, he was notified that he was being  recommended  for  discharge
from the Air Force.  The specific reason for this action was that on 17  Aug
93, a Medical Evaluation Board (MEB) found he did not meet the  minimum  Air
Force  medical  standards  due  to  leg  pain  secondary  to  poor  physical
conditioning. The MEB ruled  the  applicant’s  condition  existed  prior  to
service and was not permanently aggravated  by  service  beyond  the  normal
progression of the disease.  The MEB stated the condition of  poor  physical
conditioning is not a medical condition.  The  MEB  determined  he  did  not
qualify for a disability separation.

On 27 Aug 93,  he  waived  his  right  to  consult  counsel  and  to  submit
statements in his behalf.  He acknowledged that the discharge  action  would
result in an entry-level separation. He also acknowledged he  would  not  be
entitled to a disability  retirement  or  severance  pay.   The  base  legal
office reviewed  the  case  and  found  it  legally  sufficient  to  support
separation and recommended discharge.

On 30 Aug 93, his discharge under the provisions of AFR  39-10,  Chapter  5,
Section C, Paragraph 5-14 (Defective Enlistments) was approved  and  he  was
discharged on 1 Sep  93.   His  narrative  reason  for  separation  reflects
“Failed to meet physical standards for enlistment.”

He served two months and nine days on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  DPSOA states a  review  of  the  applicant’s
records reveal that his commander recommended his discharge  for  erroneous
enlistment.  The AF Form 618, Medical Board Report states  the  applicant’s
condition is due to poor physical conditioning and he does not meet minimum
enlistment standards.  The narrative summary cited the applicant  presented
to Wilford Hall after 17 days of Basic Military Training for evaluation  of
leg pain.  He returned four days later still symptomatic.  Subsequently  he
was unable  to  train  because  of  pain  and  discomfort.   The  attending
physician diagnosed the applicant with leg pain secondary to poor  physical
conditioning which existed prior to service and is not an MEB condition.

The complete DPSOA evaluation is at Exhibit C.

AFPC/DPSOS  recommends  denial.   DPSOS  states  a  basis   for   erroneous
enlistment existed under the regulation in force at the time of applicant’s
separation when the Air Force did not have the true facts or did  not  take
the right action.  DPSOS states the AF  Form  618,  Medical  Board  Report,
dated 17 Aug 93, states the applicant’s condition is due to  poor  physical
conditioning and not meeting minimum standards.  He became unable to  train
because of pain and discomfort.   The  attending  physician  diagnosed  the
applicant with leg pain  secondary  to  poor  physical  conditioning  which
existed prior to service and not an MEB  condition.   A  recommendation  to
return to  training  for  discharge  under  administrative  provisions  for
inability to train was noted. An airman is subject  to  discharge  from  an
erroneous enlistment, reenlistment, or a extension of enlistment if  1)  It
would not have occurred had the relevant facts been known by the Air  Force
and the eligibility criteria of Air Force regulations had been followed; 2)
It was not the result of fraudulent conduct on the part of the member;  and
3) The defect is unchanged in any material respect.

Based on the documentation or file in the  master  personnel  records,  the
discharge was consistent with the procedural and  substantive  requirements
of the discharge regulation.  The discharge was within  the  discretion  of
the discharge authority.  He did not submit any evidence  or  identify  any
errors or injustices that occurred in the discharge process.   He  provided
no facts warranting a change to his reentry code.

The complete DPSOS evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant’s  mother  responded  stating  the  applicant  played  street
basketball on a hard surface and has never been  treated  for  shin  splints
prior to joining the Air Force.  The lack of  time  to  heal  and  the  poor
quality of his shoes contributed to his  problems.   He  has  played  street
basketball since leaving the Air Force and has not had any problems.

The complete response, with attachment, is at Exhibit F.

________________________________________________________________

ADDITIONAL EVALUATION:

The BCMR Medical Consultant recommends changing  his  RE  code.   The  BCMR
Medical Consultant states the applicant did not have a stress  fracture  on
the initial bone scan in 1993.  Further, his bone stress reaction  did  not
involve the higher risk femoral neck area of either lower  extremity.   The
applicant has reportedly been without symptoms for the past several  years.
Other than the applicant’s age, or other unknown factors, the BCMR  Medical
Consultant opines that the applicant’s previous  history  of  shin  splints
should not serve as an  impediment  to  his  eligibility  to  re-enter  the
military.

The complete BCMR Medical Consultant evaluation is at Exhibit G.

________________________________________________________________

APPLICANT'S REVIEW OF THE ADDITIONAL EVALUATION:

A copy  of  the  Medical  Consultant’s  evaluation  was  forwarded  to  the
applicant on 19 Sep 08, for review and comment within 30 days.  As of  this
date, this office has received no response (Exhibit H).

________________________________________________________________

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 injustice warranting corrective action.   Even  though  the
applicant has provided no evidence to show that his separation was improper
or not in compliance with the appropriate regulations, it  is  our  opinion
that relief is warranted in this case.   In  this  respect,  after  careful
review of the applicant's available military personnel records and the fact
his current medical evaluation suggests that he no longer suffers from shin
splints, we believe that a good probability exists that he may be  able  to
provide effective and meaningful service to our nation as a member  of  the
armed forces.  Accordingly, we believe that correction of his RE code to  a
waiverable code is warranted based on the merits of this case.  Whether  or
not he is successful in his attempts to return to the military will  depend
on the needs of the service and our recommendation  in  no  way  guarantees
that he will be allowed to return to any branch of service.  Therefore,  we
recommend that his records be corrected to the extent indicated below.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that at the time of his  discharge  on  1
Sep 93, his reentry code was 3K.

________________________________________________________________

The following members of the Board considered Docket  Number  BC-2008-01564
in Executive Session on 11 Dec 08, under the provisions of AFI 36-2603:

                 Mr.  Gregory A. Parker, Panel Chair
                 Ms.  Janet I. Hassan, Member
                 Mr.  Anthony P. Reardon, Member







All members voted to correct the records,  as  recommended.   The  following
documentary  evidence  pertaining  to  Docket   Number   BC-2008-01564   was
considered:

  Exhibit A.  DD Form 149, dated 21 Apr 08, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C   Letter, AFPC/DPSOA, dated 14 May 08.
  Exhibit D   Letter, AFPC/DPSOS, dated 22 Jul 08.
  Exhibit E.  Letter, SAF/MRBR, dated 8 Aug 08.
  Exhibit F.  Letter, Applicant, dated 10 Sep 08, w/atchs.
  Exhibit G.  Letter, BCMR Medical Consultant, dated 15 Sep 08.
  Exhibit H.  Letter, SAF/MRBR, dated 19 Sep 08.





            GREGORY A. PARKER
            Panel Chair
AFBCMR BC-2008-01564




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 XXXXXXX, be corrected to show that at the time of his  discharge
on 1 September 1993, his reentry code was 3K.




                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency