RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01029
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized entry level separation be changed to an
honorable discharge due to a medical condition.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like to receive educational benefits. He was not aware
he had diabetes prior to entering military service.
In support of his request, the applicant provides copies of his
DD Form 293, Application for the Review of Discharge from the
Armed Forces of the United States, and his DD Form 214, Certificate of Release or Discharge From Active Duty.
Applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 26 Aug 03, he contracted his initial enlistment in the Regular
Air Force.
While in basic military training the applicant was hospitalized
from 4 Nov 03 through 7 Nov 03, after reporting a two-week
history of increased thirst, urination, and two to three days of
nausea, vomiting and abdominal pain. He was diagnosed with
diabetes.
On 1 Dec 03, his commander notified him that he was recommending
his discharge from the Air Force for erroneous enlistment. The
specific reason for the discharge action was he was diagnosed
with diabetes. It was determined this condition existed prior to
service and had not been permanently aggravated by service.
His commander advised him of his rights in this matter.
The applicant acknowledged receipt of the notification and after
consulting with legal counsel waived his right to submit
statements in his own behalf.
On 1 Dec 03, the legal office reviewed the case and found it
legally sufficient to support separation and recommended an entry
level separation.
The discharge authority directed the applicant be discharged with
an uncharacterized entry level separation.
He was discharged on 4 Dec 03. He served three months and nine
days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS indicates that while the applicants condition is
clearly disqualifying for military service, the records submitted
to their office for review support the applicants claim that he
was unaware of his condition prior to entry into the Air Force.
Therefore, they have no objection to his entry level separation
being changed to an honorable discharge due to a medical
condition.
The complete AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSIT notes that airmen are given entry level separation
with uncharacterized service when separation is initiated in the
first 180 days of continuous active military service. To be
eligible for the Montgomery GI Bill (MGIB) or the Post 9/11 GI
Bill requires an honorable character of service separation. In
addition to the honorable character of service, the MGIB requires
36 months of service unless the reason for separation can be
determined as being a condition that interferes with service. If
the reason for separation is categorized as a convenience of the
government separation, 30 months of service would qualify for 36
months of MGIB benefits. The Post 9/11 GI Bill requires a
minimum of 90 aggregate days. Discharge for a service connected
disability requires 30 days continuous days on active duty.
According to AFPC/DPSIT, the applicant has not met the minimum
service required to qualify for educational benefits under the
MGIB or Post 9/11 GI Bill.
The complete AFPC/DPSIT evaluation is at Exhibit D.
The AFBCMR Medical Consultant recommends denial. The Medical
Consultant states the applicants discharge was characterized in
accordance with established Air Force policy. He found no
unusual circumstances of personal conduct and performance in the
applicants case. The Medical Consultant concludes the burden of
proof of an error or injustice that warrant a change in the
records has not been met.
The complete Medical Consultants evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant 29 Jan 10 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice to warrant
changing the applicants uncharacterized service to honorable.
We took notice of the applicants complete submission in judging
the merits of the case, but agree with the opinions and
recommendations of AFPC/DPSIT and the AFBCMR Medical Consultant
and adopt their rationale as the basis for our conclusion the
applicant has failed to sustain his burden of proof of the
existence of an error or injustice. While AETC/SGPS opines the
evidence of record supports the applicants claim he was unaware
of his condition prior to his entry into the Air Force, we note
this has no bearing on whether the applicants medical condition
existed prior to service and does not provide a basis to grant
the requested relief. Additionally, although the applicants
request to change the character of his service to honorable is to
qualify for GI Bill benefits, due to not meeting the minimum
service requirements, such a change would still not make him
eligible. 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-2009-01029 in Executive Session on 25 Mar 10, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2009-01029 was considered:
Exhibit A. DD Form 149, dated 2 Jun 09, w/atchs.
Exhibit B. Applicant's Military Personnel Records.
Exhibit C. Letter, HQ AETC/SGPS, dated 29 Sep 09.
Exhibit D. Letter, HQ AFPC/DPSIT, dated 5 Nov 09.
Exhibit E. Letter, AFBCMR Medical Consultant, dated 26 Jan 10.
Exhibit F. Letter, SAF/MRBR, dated 29 Jan 10.
Chair
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