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AF | BCMR | CY2010 | BC-2010-00169
Original file (BC-2010-00169.txt) Auto-classification: Approved
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 applicant’s 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 
applicant’s 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 
entry—level 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 
applicant’s 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 applicant’s 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 
applicant’s 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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