RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01218
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation be changed from failed
medical/physical procurement standards to medical/service
connected disability.
________________________________________________________________
APPLICANT CONTENDS THAT:
His hip injuries are what kept him from continued service, not
the condition Pes Planus (flat feet), the condition for which he
was discharged.
When he arrived at basic training, a foot scan revealed he had a
medium arch. He reported to medical on 12 April 2010, after he
noticed swelling on his right ankle, pain in his right knee and
his right hip. These conditions may have been caused when he
accidently fell down stairs, during drill or other physical
training.
He was later diagnosed with stress fractures to his right tibia,
right femur and other areas of his hips. He went through
physical therapy and returned to basic training. During the
fourth week of training, he was injured during a physical
evaluation. He continued with physical therapy with some
relief.
He was served with discharge paperwork for flat feet by a nurse.
He spoke to his provider and explained that he would prefer a
Medical Evaluation Board. The provider told him his records
were insufficient for a Board. He was discharged for flat feet
even though there was never an examination to determine his feet
were flat.
In support of his appeal, the applicant provides a personal
statement, copies of his medical records and other supporting
documentation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 30 March
2010. On 3 March 2011, the applicant was notified of his
commanders intent to discharge him from the Air Force for
defective enlistment: erroneous enlistment. Specifically, the
applicant did not meet the minimum medical requirements to
enlist.
On 3 March 2011, the applicant acknowledged his commanders
intent to discharge him. He also acknowledged his right to
consult counsel and to submit statements on his behalf: he
declined both. On 4 March 2011, the commander directed the
applicant be discharged for erroneous enlistment. His service
was characterized as honorable and his narrative reason for
separation was listed as failed medical/physical procurement
standards. He was credited with serving 11 months and 8 days of
active duty service.
According to a medical examination submitted by the applicant,
as of 21 March 2011, he exhibited no signs of abnormal Pes Plano
deformity. He had a moderate arch and no signs of pain.
________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends a change in the applicants RE Code. The
applicant was evaluated and diagnosed with stress fractures in
his hips which precluded him from training. The applicant has
fully recovered and has no physical limitations. The
applicants separation was in accordance with established policy
and administrative procedures. However, the applicant now meets
the medical criteria for military duty.
The complete SGPS evaluation is at Exhibit C.
The BCMR Medical Consultant recommends approval. It is unclear
how the applicant was diagnosed with Pes Planus based on the
inspection of his foot versus the X-rays, particularly in the
context of the normal foot examination entered on the
applicants DD Form 2808, Report of Medical Examination.
Although, Pes Planus may expose an individual to develop shin
splints and stress fractures, the preponderance of the evidence
shows this was not the cause in the applicants case. As such,
the Medical Consultant recommends the applicants record be
changed to reflect the applicant suffered stress fractures
incident to or caused by his military service. In computing the
applicants disability rating, his right pubic ramus fracture
was symptomatic at the time of release. Therefore, a 10 percent
disability rating should be assigned for the right side and a
0 percent rating for the left for a combined disability rating
of 10 percent, effective the date of his release from military
service.
The BCMR Medical Consultant notes that AETC recommends the
applicants RE code be changed to allow him to apply for
reentry, however, the applicant remains vulnerable for a
recurrence of similar injuries upon re-exposure to the rigors of
training previously experienced.
The BCMR Medical Consultants complete evaluation is at
Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 4 November 2011, for review and comment within
30 days (Exhibit E). 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting
relief. We note the applicants attending provider indicates in
his evaluation that the applicant has fully recovered and has no
physical limitations. In view of his evaluation coupled with the
recommendations of AETC/SG and the BCMR Medical Consultant to
provide the requested relief, we believe a change in the
applicants narrative reason for separation and reentry code is
warranted. Accordingly, we recommend his record be corrected as
indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that:
a. On 6 March 2011, he was found unfit to perform the duties
of his office, rank, grade, or rating by reason of physical
disability, incurred while he was entitled to receive basic pay;
that the diagnosis in his case symptomatic stress fracture of
the inferior pubic ramus, under hyphenated analogous VASRD code
5003-5099, that the compensable percentage was 10 percent; that
the disability was not due to intentional misconduct or willful
neglect; that the disability was not incurred during a period of
unauthorized absence; and that the disability was not received
in the line of duty as a direct result of armed conflict or
caused by an instrumentality of war.
b. He was honorably discharged on 7 March 2011, for a
physical disability with entitlement to 10 percent severance
pay.
c. At the time of his discharge on 7 March 2011, he was
issued a reentry code of 3K.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01218 in Executive Session on 8 December 2011,
under the provisions of AFI 36-2603:
, Chair
, Member
, Member
All members voted to correct the record, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dtd 18 Mar 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/SGPS, dtd 29 Jul 11.
Exhibit D. Letter, BCMR Medical Consultant, dtd 28 Oct 11.
Exhibit E. Letter, SAF/MRBR, dtd 4 Nov 11.
Chair
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