RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00169
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her uncharacterized, entry-level separation be changed to reflect
a medical discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When she enlisted in the Air Force, she was perfectly healthy.
An injustice occurred on the medical and administrative side when
she was discharged. Her ability to serve was impaired because of
stress fractures in her knees and ankles while in basic training.
Her uncharacterized discharge will not allow her to receive
benefits from the Department of Veterans Affairs (DVA).
In support of her request, the applicant provides a personal
statement, copies of her discharge package, her medical records,
and her DVA Statement in Support of Claim.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 17 March 1999.
On 5 April 1999, medical officials made a recommendation to the
applicants commander to separate her for an Existing Prior to
Enlistment (EPTE) diagnosis of stress fractures bilateral tibias
Class A.
On 14 April 1999, the applicant was notified by her commander
that he was recommending her discharge from the Air Force for
entrylevel separation under the provisions of AFPD 36-32, Military
Retirements and Separations, and AFI 36-3208, Administrative Separation
Of Airmen, for Erroneous Enlistment.
The reason for the proposed discharge was that she failed to meet
minimum medical standards to enlist due to stress fractures
bilateral tibias Class A.
The applicant was afforded military legal counsel and she waived
her right to submit statements in her behalf. The base legal
office reviewed the case, found it legally sufficient to support
separation, and recommended the applicant be separated from the
service with an entry-level separation. The discharge authority
approved the separation and directed the applicant be separated
with an uncharacterized entry-level separation.
On 19 April 1999, the applicant was discharged for Erroneous
Enlistment, with an uncharacterized entry-level separation. She
served five months of active military service.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are attached at Exhibits C, and D.
_________________________________________________________________
AIR FORCE EVALUATION:
AFTC/SGPS recommends denial. SGPS states the separation was done
in accordance with established policy and administrative
procedures.
The complete SGPS evaluation is at Exhibit C.
The BCMR Medical Consultant recommends approval. The Medical
Consultant recommends granting the applicant relief by changing
the reason for separation to a medical (disability) discharge,
with severance pay, with a 20% disability rating for bilateral
tibial stress fractures, under the Veterans Administration
Schedule for Rating Disabilities (VASRD) analogous code 5299-
5259; and a change of her uncharacterized service to an honorable
character of service. The Medical Consultant also noted the
applicants physician expressed that she should have been paid in
her grade until the problem was completely resolved and she was
discharged from the Military. It is important to note that the
evaluating physician, and the Medical Consultant, found that it
has never been established if all the pain was caused by the
stress fractures.
The Medical Consultant is of the opinion that the Air Force
followed what it believed to be an appropriate use of established
policies for the separation of members, who within the first 180
days of service, demonstrate the inability to complete Basic
Military Training. Unless warranting a referral through the
Disability Evaluation System for completion of a Medical
Evaluation Board (MEB) and subsequent fitness and rating
determination by a Physical Evaluation Board (PEB), or other
basis for discharge, then a service member is released as an
entry-level separation, with an "uncharacterized' character of
service. The definition of entry-level separation appears in AFI
36-3208, states this type of separation is given only when the
person is in his or her first 180 days of continuous active
military service or the first 180 days of continuous active
military service after a break of more than 92 days of active
service. This discharge does not attempt to characterize the type
of service as either good or bad. It is not the only type of
separation authorized during the first 180 days of military
service, as it is possible for a person to receive either an
honorable or an under other than honorable conditions discharge
as well.
The complete Medical Consultant evaluation, with attachments, is
at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states the information in the AETC/SGPS advisory is
incorrect. She is appealing the entry-level separation discharge
because she was not allowed to recycle or appear before a Medical
Review Board to determine her stability to remain in training or
receive a medical discharge.
The applicants complete response is at Exhibit F.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting
corrective action. In this regard, after our review of the
evidence before us and noting in particular the evaluation
prepared by the BCMR Medical Consultant, it appears that during
the time period in question, the applicant should have been
referred to a Physical Evaluation Board to determine if she was
fit for further military service. As such, we concur with the
recommendation of the BCMR Medical Consultant and recommend the
applicants records be corrected 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:
a. On 1 April 1999, she was found unfit to perform the
duties of her office, rank, grade or rating by reason of a
physical disability; that the diagnosis in her case was bilateral
tibial stress fractures, under the Veterans Administration
Schedule for Rating Disabilities (VASRD) Code 5299-5259, rated at
20 percent.
b. She was honorably discharged on 19 April 1999, under the
provisions of AFR 35-4, by reason of a physical disability, with
entitlement to disability severance pay.
_________________________________________________________________
The following members of the Board considered Docket Number
BC-2010-00169 in Executive Session on 28 October 2010, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Dec 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 26 May 10.
Exhibit D. Letter, BCMR Medical Consultant, dated 8 Sep 10.
Exhibit E. Letter, SAF/MRBR, dated 10 Sep 10.
Exhibit F. Letter, Applicant, dated 11 Jul 10.
Panel Chair
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