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AF | BCMR | CY2010 | BC-2009-03147
Original file (BC-2009-03147.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-03147
            INDEX CODE:  110.02
            COUNSEL:  REGINA HEAL

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  reentry  (RE)  code  be  changed  from  4C   (failed   medical/physical
procurement standards) to a 1 series code.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged due to Patella Femur Syndrome (knee pain).   He  was  told
by his physician that he could separate,  wait  six  months  or  longer  and
reenlist.  He  is  ready  to  return  to  military  service;  however,  most
services will not waive his RE code of 4C.

In support of his request, the applicant submits  his  discharge  case  file
and report of medical history.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 6 Mar 07, the applicant enlisted in the Regular Air Force.  On 9 Apr  07,
his commander notified him that  he  was  recommending  his  discharge  from
military service for Erroneous Enlistment.   On  10 Apr  07,  the  discharge
authority approved the  recommended  separation  and  directed  that  he  be
discharged with uncharacterized service.  The applicant  was  discharged  on
12 Apr 07.  He served one month and seven days on active duty.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AETC/SGPS  recommends  denial.   SGPS  notes  that  the  applicant  began
experiencing symptoms  within  the  first  10  days  of  training.   Despite
appropriate medical treatment, he  indicated  he  did  not  wish  a  medical
review  for  waiver  consideration  and  was  subsequently  separated   from
service.  There is no documentation from  any  medical  provider  indicating
treatment, resolution or prognosis for his condition.

SGPS opines that current  medical  understanding  indicates  this  condition
occurs in certain individuals when exposed to repetitive activities such  as
regular running/marching and often improves  with  periods  of  rest.   SPGS
notes although  the  applicant’s  symptoms  probably  would  not  limit  his
activities in civilian life, past experience has shown symptoms often  recur
with increased use as is the nature of a military lifestyle.  SGPS does  not
support the applicant’s request as based on the history  of  this  condition
and the high probability of reoccurrence limiting his total effectiveness.

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  5  Feb
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 time filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review  of  the  evidence
of record, we are not persuaded the applicant’s RE code  should  be  changed
to a waiverable code which would allow him to return  to  military  service.
Therefore, we agree with the opinion and recommendation  of  the  Air  Force
office of primary responsibility and adopt its rationale as  the  basis  for
our conclusion the applicant  has  not  been  the  victim  of  an  error  or
injustice.  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  BC-2009-03147  in
Executive Session on 10 Jun 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Aug 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AETC/SGPS, dated 7 Jan 10.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Feb 10.




                                   Panel Chair

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