RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03567
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her character of service be changed from uncharacterized to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was counseled that she would receive an administrative
discharge for erroneous enlistment; however, she did not
understand what she was being told, and was too intimidated to
question her commander.
She was not dishonest when she enlisted in the Air Force. She
did not have problems with her knee prior to entering the
military; her problems began shortly after drill.
After mentioning her knee problems to a friend, she was
encouraged to file a claim with the DVA.
In support of her request, the applicant provides a personal
statement, a copy of her DD Form 214, Certificate of Release or
Discharge from Active Duty, and documents related to her
administrative discharge.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 4 Nov 08, the applicant enlisted in the Regular Air Force for
a period of six years.
On 29 Dec 08, the applicant was notified by her commander that he
was recommending her discharge from the Air Force for erroneous
enlistment. The reason for the proposed action was her commander
received a medical narrative summary, dated 24 Dec 08 that found
the applicant did not meet minimum medical standards to enlist.
She acknowledged receipt of the notification of discharge, waived
her right to counsel, and her right to submit statements in her
own behalf. The case file was found legally sufficient and the
discharge authority approved the separation.
On 31 Dec 08, she was discharged with an uncharacterized entry
level separation by reason of failed medical/physical procurement
standards. She served on active duty for a period of 1 month and
27 days.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends denial. SGPS states the applicants
separation was completed in accordance with established policy
and administrative procedures.
SGPS states during basic military training (BMT) the applicants
symptoms began to limit her physical training and marching
movements, and became so intense she could not continue in
training. She did not disclose a past knee injury and was
cleared for accession. Her condition was not caused by military
service, but appears it was aggravated by the extensive physical
training required during BMT. At the time of separation the
applicant did not request an AETC/SG waiver, and signed a letter
understanding that if separated for the reasons cited, she would
not be entitled to any disability, retirement, or severance pay.
The complete SGPS evaluation is at Exhibit C.
AFPC/DPSOS recommends denial. DPSOS states the applicants
service characterization is correct as reflected on her DD Form
214. Airmen are given entry-level separation/uncharacterized
service characterization when separation is initiated in the
first 180 days of continuous active service. The Department of
Defense (DoD) determined if a member served less than 180 days
continuous active service, it would be unfair to the member and
the service to characterize their limited service. Therefore,
her uncharacterized service is correct and in accordance with DoD
and Air Force instructions.
DPSOS states based on the documentation on file in the master
personnel records, the discharge was consistent with the
procedural and substantive requirements of the discharge
regulation and was within the discretion of the discharge
authority.
The applicant should not have been allowed to join the Air Force
because she had lateral meniscus derangement. Had the Air Force
known of this condition at the time of the applicants
enlistment, she would not have been allowed to enter into the
military. Although the applicant states she was intimidated by
her commander to ask questions, her medical condition does not
meet medical assessment standards.
The complete DPSOS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 Mar 11, copies of the Air Force evaluations were forwarded
to the applicant for review and comment within 30 days. To date,
a response has not been received (Exhibit E).
_________________________________________________________________
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 injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility (OPRs) and adopt their rationale as the basis for
our conclusion that the applicant has not been the victim of an
error or injustice. The applicants contentions are duly noted;
however, we do not find these assertions, in and of themselves,
sufficiently persuasive to override the rationale provided by the
Air Force OPRs. Therefore, we conclude that the applicant has
failed to sustain her burden of proof that she has been the
victim of an error or an injustice. 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 Docket Number
BC-2010-03567 in Executive Session on 24 May 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2010-03567 was considered:
Exhibit A. DD Form 149, dated 6 Jul 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 22 Nov 10.
Exhibit D. Letter, AFPC/DPSOS, dated 15 Feb 11.
Exhibit E. Letter, SAF/MRBR, dated 25 Mar 11.
Panel Chair
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