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 applicants 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
applicants 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 applicants 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 applicants 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 Consultants 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. Applicants 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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