RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01568
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Block 28, Narrative Reason for Separation on her DD Form 214, Certificate of Release or Discharge From Active Duty, be changed
from Erroneous Entry (Other) to Medical.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her recruiter failed to mail her civilian medical documentation
to the Surgeon General of the Air Force.
In support of her request, the applicant provides copies of her
DD Form 214, a Letter from her recruiter and civilian medical
documentation.
Applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Oct 09, she contracted her enlistment in the Regular Air
Force.
On 17 Jul 10, her commander notified her that he was recommending
her discharge from the Air Force for erroneous enlistment. The
specific reason for the discharge action was that she was
diagnosed with an Anterior Cruciate Ligament (ACL) repair. It
was determined this condition existed prior to her enlistment.
If the Air Force had known the severity of her condition prior to
her enlistment, she would have not been cleared by the Military
Entrance Processing Service (MEPS).
Her commander advised her of her rights in this matter.
On 17 Mar 10, the applicant acknowledged receipt of the
notification and after consulting with legal counsel waived her
right to submit statements in her own behalf.
On 19 Mar 10, the legal office reviewed the case and found it
legally sufficient to support separation and recommended an entry
level separation.
On 19 Mar 10, the discharge authority directed the applicant be
discharged with an uncharacterized entry level separation.
She was discharged on 24 Mar 10. She served 5 months and 24 days
of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends denial. AETC/SGPS indicates that at the
time of her induction examination she met the induction criteria
and was cleared for military service. Although she may have
appeared to be asymptomatic in civilian life, her symptoms
returned while in security forces training and became so severe
that she could not continue her training and had to seek medical
treatment. It is this new onset of symptoms which was aggravated
by strenuous physical activity that rendered her unacceptable for
military service.
The complete AETC/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
13 Aug 10 for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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. 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, the Board majority agrees with the
opinions and recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
decision that the applicant has failed to sustain her burden of
proof of the existence of either 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.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
The majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-01568 in Executive Session on 23 Sep 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
By majority vote, the Board voted to deny the application.
voted to grant the relief requested but does not desire to submit
a Minority Report. The following documentary evidence was
considered:
Exhibit A. DD Form 149, dated 19 Apr 10, w/atchs.
Exhibit B. Applicant's Military Personnel Records.
Exhibit C. Letter, HQ AETC/SGPS, dated 7 Jul 10.
Exhibit D. Letter, SAF/MRBR, dated 13 Aug 10.
Panel Chair
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