RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00631
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her uncharacterized entry level separation be upgraded to a
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was released due to medical problems acquired on active duty.
She contributed $1,200 toward the Montgomery GI Bill and would
like to use the benefits.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 22 Jul 08, the applicant contracted her initial enlistment in
the Regular Air Force.
On 26 Nov 08, her commander notified her that she was
recommending her discharge from the Air Force for erroneous
enlistment. The specific reason for the discharge action was
that on 24 Nov 08, she was diagnosed with Pes Planus (Flat Feet)
and that she did not meet the minimum medical standards for
enlistment.
Her commander advised her of her rights in this matter.
On 26 Nov 08, she acknowledged receipt of the notification and
after consulting with legal counsel waived her right to submit
statements in her own behalf and acknowledged she would not be
entitled to a disability retirement or severance pay.
On 27 Nov 08, the legal office reviewed the case and found it
legally sufficient to support separation.
On 1 Dec 08, the discharge authority directed discharge with an
uncharacterized entry level separation.
She was discharged on 2 Dec 08 with an 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), a separation code of
JFW with a narrative reason of Failed Medical/Physical
Procurement Standards. She served 4 months and 11 days on
active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends denial. SGPS states the applicant's medical
condition was appropriately identified on the DD Form 2808, Report of Medical Exam, during her entrance exam. It is widely
accepted that pes planus (flatfeet) is a chronic foot condition
that can periodically flare during heavy use such as prolonged
walking/running or other military activities. Returning her to a
military environment will likely aggravate the condition due to
the rigorous demands of training.
The AETC/SGPS complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
31 Jul 09 for review and comments within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states airmen are given entry
level separation/uncharacterized service characterization when
separation is initiated in the first 180 days of continuous active
service. The Department of Defense determined if a service member
served less than 180 days of continuous active service, it would be
unfair to the service member to characterize their limited service.
The applicants DD Form 214 does not accurately reflect the basis
of her discharge. The narrative reason for separation should
reflect Erroneous Entry and the RE code should reflect 2C
(Involuntarily separated with an honorable discharge; or entry
level separation, as directed by the discharge authority.
The AFPC/DPSOS complete evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
20 Oct 09 for review and comments 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 an error or an injustice warranting
upgrade of the applicants discharge. After a review of the
evidence of record, we find no evidence showing the
characterization of her discharge was erroneous and we are not
persuaded by her assertions that it was unjust. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinions and the
recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion that the applicant has failed to sustain her burden of
proof of the existence of an error or injustice. We note that
DPSOS will administratively correct the applicants narrative
reason and RE code to reflect the basis for her discharge. We
agree with their assessment. Therefore, in the absence of
evidence to the contrary, we find no 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-2009-00631 in Executive Session on 24 Nov 09 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2009-00631 was considered:
Exhibit A. DD Form 149, dated 17 Feb 09.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 20 May 09.
Exhibit D. Letter, SAF/MRBR, dated 31 Jul 09.
Exhibit E. Letter, AFPC/DPSOS, dated 13 Oct 09.
Exhibit F. Letter, AFBCMR, dated 20 Oct 09.
Panel Chair
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