RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03124 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His uncharacterized entry-level separation be changed to a 
general discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He did not lie on his application since prior to entering the Air 
Force, he did not have Guillain-Barre Syndrome. 

 

In support of his request, the applicant provides copies of 
documents extracted from his military personnel records and a 
letter from the Medical Director, Trainee Health Flight. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 15 Oct 02, the applicant contracted his enlistment in the 
Regular Air Force. 

 

On 23 Jan 03, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for Erroneous 
Enlistment. The specific reason for the discharge action was the 
applicant failed to meet the minimum medical standards for 
enlistment based on a medical narrative summary dated 14 Jan 03, 
reflecting the diagnosis of Guillain-Barre Syndrome. 

 

The commander advised him of his rights and on 23 Jan 03, he 
acknowledged receipt of the notification of discharge and, after 
consulting with legal counsel, waived his right to submit a 
statement in his own behalf. 

 

The legal office reviewed the case, found it legally sufficient 
to support separation, and recommended separation with an entry-
level separation. 

 


On 31 Jan 03, the discharge authority directed the applicant’s 
discharge with an entry-level separation. He was discharged on 
4 Feb 03. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denial. DPSOS notes the letter dated 
13 Mar 03 from the Medical Director, Trainee Health Flight 
stating the applicant’s separation from the Air Force was not an 
erroneous enlistment and that he contracted Guillain-Barre 
Syndrome while in basic training; however, he did not provide any 
evidence of how the applicant contracted the disease. DPSOS 
further notes the applicant’s medical records support the medical 
condition existed prior to his enlisting in the Air Force. 

 

The applicant should not have been allowed to join the Air Force 
due to his medical condition. Had the Air Force known of this 
condition at the time of his enlistment, he would not have been 
allowed to enter military service. Although, the applicant 
states he did not have Guillain-Barre Syndrome prior to enlisting 
in the Air Force, his medical condition does not meet assessment 
standards. Although the only documentation in the applicant’s 
records that supports the condition existed prior to his 
enlistment is the medical narrative, absent the documentation, 
there is a presumption of regularity in which he was afforded due 
process and the discharge was consistent with procedural and 
substantive requirements of the discharge regulation. 

 

Airmen are given an entry-level separation with uncharacterized 
service characterization when separation is initiated with the 
first 180 days of continuous active service. It was determined 
by the Department of Defense (DOD) that if a member served less 
than 180 days of continuous active service, it would be unfair to 
the member and the service to characterize their limited service. 

 

The complete AFPC/DPSOS evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He was recently awarded a 10 percent disability rating for his 
service-connected medical condition from the Department of 
Veterans Affairs (DVA). The medical note from the applicant’s 
physician indicates the applicant’s medical condition may have 
been related to a flu shot. 

 


The applicant’s complete submission, with attachments, is at 
Exhibit E. 

 

_________________________________________________________________ 

 

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. After 
thoroughly reviewing the evidence of record and the documentation 
submitted by the applicant, to include the statement from the 
Medical Director, Trainee Health Flight, indicating he may have 
contacted Guillain-Barre Syndrome while in basis training as a 
result of a flu shot, we are not persuaded that he has met his 
burden of establishing the existence of an error or an injustice 
with respect to the uncharacterized discharge he received. In 
this respect, we note that although the only documentation in the 
applicant’s records that supports the condition existed prior to 
service is the medical narrative, dated 13 Mar 03, in the absence 
of evidence to the contrary, there is a presumption of regularity 
in the operation of governmental affairs in which it is assumed 
that all action taken was appropriate and consistent with 
procedural and substantive requirements of the discharge 
regulation. In the applicant’s case, there is no indication he 
was denied any rights to which entitled. To the contrary, the 
evidence of record indicates upon becoming aware the applicant 
had a medical condition which, if known at the time of his 
accession, would have precluded his enlistment, the commander 
advised him of his rights and after consulting with legal 
counsel, the applicant waived his right to submit a statement in 
his own behalf. In view of the above and noting DoD policy to 
not characterize a member’s service if less than six months of 
service, we do not find it appropriate to characterize his 3 
months and 20 days of active service. 

 

4. Notwithstanding the above, we do believe some form of relief 
is appropriate since the applicant was diagnosed with Guillain-
Barre Syndrome shortly after entering military service. In this 
respect, we note that although we did not find the letter 
provided by the Medical Director, Trainee Health Flight, 
sufficient to support characterizing the applicant’s limited 
period of service, we do believe it supports a change in the 
applicant’s narrative reason for separation. *****In this 
respect, we believe that, Secretarial Authority, more accurately 
reflects the circumstances surrounding his discharge and 
recommend his 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 he was 
discharged on 4 February 2003 with a narrative reason for 
separation of "Secretarial Authority" rather than "Failed 
Medical/Physical Procurement Standards." 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-03124 in Executive Session on 26 Jul 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 12 Aug 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSOS, dated 11 Apr 11. 

 Exhibit D. Letter, HQ SAF/MRBR, dated 14 Jun 11. 

 Exhibit E. Letter, Applicant, dated 5 Jul 11. 

 

 

 

 

 

 Panel Chair