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AF | BCMR | CY2011 | BC-2011-02010
Original file (BC-2011-02010.txt) Auto-classification: Denied
 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02010 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her narrative reason for separation be changed. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She did not have a foot problem that existed prior to service 
(EPTS). Her medical prescreening documents show no issues with 
her feet. She needs this changed so she can be eligible for 
Post 9/11 GI Bill benefits at the 100 percent rate. 

 

In support of her appeal, the applicant submits a copy of 
DD Form 2807, Medical Prescreen of Medical History Report, dated 
29 Jun 01. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was referred to the Informal Physical Evaluation 
Board (IPEB) on 21 November 2003, with a finding of left valgus 
status post bunionectomy with chronic pain, EPTS without service 
aggravation and low back pain secondary to herniated nucleus 
pulposus. The IPEB found the member unfit and recommended 
discharge under provisions other than Chapter 61, Title 10, 
United States Code (USC). On 2 Dec 03, the applicant non-
concurred with the findings and requested a formal hearing with 
counsel. On 3 Feb 04 the Formal Physical Evaluation Board 
(FPEB) reviewed the case with medical records and recommended 
discharge under provisions other than Chapter 61, Title 10, USC. 
The FPEB noted: “... The member testified her condition began 
while wearing combat boots in Tech School. The Board further 
opines wearing boots is not uniquely military. Signs or 
symptoms of chronic disease identified so soon after the day of 
entry into Military Service (usually within 180 days) that the 
disease could not have originated in that short a period will be 
accepted as proof that the disease manifested prior to entrance 
into active Military Service per DODI 1332.38, part 4, para 
E3.p4.5.4.1. " 

 


The applicant non-concurred with the findings and requested a 
final review by the Secretary of the Air Force Personnel Council 
(SAFPC). On 26 Mar 04 the SAFPC directed the applicant be 
discharged under other than Chapter 61, Title 10, USC. SAFPC 
considered the applicant's rebuttal letter contending service-
aggravation for her medical condition. They noted in their 
memo: "The Board opines the underlying medical condition that 
resulted in the friction injuries (blister formation) to the 
member's foot so early following her entry into military 
service, would not have occurred were it not for the pre-
existing bony misalignment (hallux valgus) of the first 
metatarsal joint of her left foot. This Board, like previous 
board, opines the member's left foot trauma occurred during the 
month of her entry into military service, represents the 
expected natural progression of condition, and does not 
represent permanent service service-aggravation. Although the 
member has undergone a surgical procedure to correct her foot 
abnormality, the procedure alone does not automatically incur 
permanent service-aggravation, even with the expected 
complications of the procedure." A discharge message was sent 
that established her date of separation as 10 May 04. The 
applicant served 02 years, 6 months and 25 days of active duty. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSD recommends denial, stating, in part, that they did not 
find an error in the disability process or the applicant’s 
separation. 

 

The complete DPSD evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant reiterates her original contention that she did 
not have a foot problem prior to entry into military service. 
In addition, she requests in the alternative that her reason for 
separation be changed to reflect service – aggravation. 

 

In support of her response, the applicant provides extracts from 
her records. 

 

The applicant’s complete response, 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 error or injustice. We took notice 
of the applicant's complete submission, including her response 
to the Air Force evaluation, in judging the merits of the case; 
however, the Air Force office of primary responsibility has 
adequately addressed the issues presented by the applicant and 
we are in agreement with their opinion and recommendation that 
the applicant has not been the victim 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 material 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-2011-02010 in Executive Session on 16 February 2012, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 18 May 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSD, dated 29 Sep 11. 

 Exhibit D. Letter, SAF/MRBR, dated 21 Oct 11. 

 Exhibit E. Letter, Applicant, undated. 

 

 

 

 

 Panel Chair 



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