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AF | BCMR | CY2010 | BC-2010-01290
Original file (BC-2010-01290.txt) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01290 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His uncharacterized service be changed to general (under 
honorable conditions) or a medical discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

When he enlisted in the Air Force he was healthy. He had no 
knowledge that he had high arches which led to his Plantar 
Fasciitis. During Basic Military Training (BMT), he was informed 
that this condition should have been caught during his time at 
the Military Entrance Processing Station (MEPS). Due to his 
character of service, he is unable to receive help for his 
condition. He desires the change in order to receive help. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty. 

 

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Illinois Air National Guard (ANG) 
on 18 May 2009 as a member of the 182nd Student Flight in the pay 
grade of E-3. He then entered upon a period of active military 
service for Basic Military Training on 15 September 2009 and was 
released on 26 October 2009 with an uncharacterized character of 
service by reason of termination of initial active duty training. 

 

On 25 January 2010, the applicant was notified by his commander 
of his intent to recommend that he be discharged from the Air 
Force due to an Erroneous Enlistment. The specific reason was 
while attending BMT, he was diagnosed with Talipes Cavus, a 
disqualifying condition which is congenital in nature and existed 
prior to service. 

 


He was advised of his rights in this matter and acknowledged 
receipt of the notification. The applicant waived his right to 
consult with counsel and elected not to submit statements in his 
own behalf. 

 

In a legal review of the case file, the staff judge advocate 
found the case legally sufficient and recommended an entry level 
separation. 

 

On 15 May 2010, the applicant was separated in the grade of 
airman first class. He served 11 months and 28 days in the ANG. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AETC/SGPS recommends denial. SGPS states although the 
applicant’s condition may have been asymptomatic on entry, the 
rigors of marching and physical fitness caused his condition to 
become symptomatic, and renders him medically unacceptable for 
military service. 

 

The SGPS complete evaluation is at Exhibit C. 

 

The AFBCMR Medical Consultant recommends denial. The Medical 
Consultant states since the applicant’s foot deformity was not 
determined permanently aggravated by military service, he would 
not be eligible for alternative processing under provision of AFI 
36-3212, for disability evaluation and compensation. 

 

Although the applicant was reportedly without knowledge that he 
had high arches which led to his plantar fasciitis and he was 
cleared by MEPS medical officials to enter military, this does 
not negate the fact that his underlying medical condition 
(Talipes Cavus) is developmental in origin and, thus, existed 
prior to service. Although the applicant alleges that he was 
perfectly healthy prior to entering military service, the AFBCMR 
Medical Consultant opines that the resultant pain or difficulties 
experienced by him (through the wear of military boots, marching, 
running, etc.) does not constitute a permanent aggravation or an 
accelerated progression of his congenital foot deformity. 

 

The Medical Consultant considered the applicant’s wishes to 
change his uncharacterized service to medical or general under 
honorable conditions. The Medical Consultant opines the 
narrative reason for separation is legally sufficient, although 
alternative language, e.g. Failed Medical Procurement Standards, 
or Secretarial Authority, is available to the Board. The Medical 
Consultant opines that changing the character of service to 
general (under honorable conditions), would be of greater 
detriment to his future social and occupational endeavors, as 
this would convey a negative characterization of his military 
service, such as when there has been misconduct. The Medical 
Consultant, thus, opines the applicant has not met the burden of 


proof of an error or injustice that warrants the desired change 
of the record. 

 

The AFBCMR Medical Consultant’s complete evaluation, with 
attachment, is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 14 January 2011, copies of the Air Force evaluations were 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D). As of this date, this office has received no 
response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and the 
recommendation of the office of primary responsibility 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. 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 the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and 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-2010-01290 in Executive Session on 23 February 2011, 
under the provisions of AFI 36-2603: 


 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-01290 was considered: 

 

 Exhibit A. DD Form 149, dated 24 March 2010, w/atch. 

 Exhibit B. Applicant’s Master Personnel Record. 

 Exhibit C. Letter, AETC/SGPS, dated 22 September 2010. 

 Exhibit D. Letter, AFBCMR Medical Consultant, 

 dated 7 January 2011. 

 Exhibit E. Letter, SAF/MRBR, dated 14 January 2011. 

 

 

 

 

 

 Panel Chair 

 

 



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