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AF | BCMR | CY2010 | BC-2009-02798
Original file (BC-2009-02798.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02798
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His narrative reason for separation  of  “Erroneous  Entry  (Other)”  be
changed.

2.  His “uncharacterized” character of service be changed to “honorable.”

Examiner’s Note:  The applicant does not indicate what  he  would  like  his
narrative reason to be changed to.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His enlistment in military service was not erroneous. He was discharged  due
to an injury to his left knee which occurred during Basic Military  Training
(BMT).  He had no medical injuries prior to entering military service.

In support of his request, the applicant submits copies of his DD Form  214,
Certificate of release or Discharge from Active Duty.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 27 Jan 09.

On 26 May 09, a medical examiner diagnosed  the  applicant  with  Congenital
Foot Deformity Pes  Planus  and  opined  that  the  disqualifying  condition
existed prior to enlistment.  On 9 Jun 09, he was notified by his  commander
that he was recommending his discharge for Erroneous  Enlistment.   A  legal
review by the Staff Judge Advocate found the  case  legally  sufficient  and
recommended his separation from the service with an Entry Level  Separation.

On 16 Jun 09, the discharge authority approved  the  recommended  discharge.
The applicant was discharged on 19 Jun 09.  He served 4 months and 23 days.

Criterion for Uncharacterized Character of Service:  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 member served less than  180  days  of
continuous active service it would be unfair to the member and  the  service
to characterize their limited service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AETC/SGPS recommends denial.  SGPS opines the applicant’s  condition  may
have been asymptomatic (not  showing)  when  he  entered  military  service;
however, the rigors of marching and physical fitness  exercises  caused  his
condition to become symptomatic and rendered him medically unacceptable  for
military service.

His  Erroneous   Enlistment   characterization   of   service   was   within
administrative and policy guidelines and appropriately applied.

The complete SGPS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 26  Jul
10, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (Exhibit D).

_________________________________________________________________

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 provided  to  persuade  the  Board
that a measure of relief is warranted.   After  reviewing  the  evidence  of
record it is our opinion that the narrative  reason  improperly  labels  the
reason for the applicant’s discharge and should be changed  to  “Secretarial
Authority.”  However, in regards to his request to change his  character  of
service, we find that based on the criterion provided by the  Department  of
Defense for a member serving less than 180 days of service, the  applicant’s
character of service is correct.  Therefore, we conclude  that  his  records
should be corrected only to the extent indicated below.

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 19 Jun 09, he was  discharged  by
reason of “Secretarial Authority.”

_________________________________________________________________

All members voted to correct  the  record  as  recommended.   The  following
members of the Board considered this application in Executive Session  on  8
Sep 10, under the provisions of AFI 36-2603:

      , Vice Chair
      , Member
      , Member

The following documentary evidence was considered in AFBCMR BC-2009-02798:

    Exhibit A.  DD Form 149, dated 27 Jul 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AETC/SGPS, dated 22 Mar 10.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Jul 10.



                                   Vice Chair

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