RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02101
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His uncharacterized service be changed to medical.
2. His reason for separation (Failed Medical/Physical
Procurement Standards) along with the corresponding Separation
Program Designator (SPD) code of JFW be changed to medical
reasons.
3. His entry level separation be changed to a medical
discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was never offered a medical evaluation board (MEB) for a
condition that started while in the service. He has been
service-connected with a disability condition (Atrial Flutter)
and was originally rated at 10 percent; however, he is now rated
at zero percent by the Department of Veterans Affairs (DVA).
In support of his appeal, the applicant provides copies of
extracts from his master personnel record (MPR) and his DVA
rating decisional documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 20 Mar 03 for
a period of four years.
On 16 May 03, the squadron commander notified the applicant of
discharge action for erroneous enlistment. The proposed action
was based on a Standard Form 600, Chronological Record of
Medical Care, which indicated the applicant should not have
been able to join the Air Force because of atrial fibrillation
(irregular heartbeat) and it was determined the condition did
not meet the medical standards to enlist. The commander
recommended an entry level separation. On that same date, the
applicant acknowledged receipt of the discharge notification,
waived his right to consult counsel and to submit statements in
his own behalf. The Deputy Chief, Military Justice, found the
case file legally sufficient to support separation. On 19 May
03, the discharge authority approved the entry level separation.
The applicant received an uncharacterized entry-level separation
on 21 May 03, by reason of Failed Medical/Physical Procurement
Standards, and was issued an RE code of 4C (Separated for
concealment of juvenile records, minority, failure to meet
physical standards for enlistment, failure to attain a
9.0 reading grade level as measured by the Air Force Reading
Abilities Test, or void enlistments). He was credited with
two months and two days of active duty service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AETC/SGPS recommends denial, stating, in part, that based on the
findings at the time of separation, the separation action was in
accordance with established policy and administrative
procedures. In addition, they noted that since the applicant
does not meet the medical criteria for military duty, they do
not support a change to the applicants DD Form 214.
They also noted that during his second week of training he was
having shortness of breath and palpations; was seen by a
provider and placed on medication for control; returned to the
hospital three hours later with recurring symptoms and was
admitted. He was treated with cardioversion and discharged four
days later with good results. Medical notes indicate he and his
family talked with medical board personnel concerning the
options of separation vs. a medical board. Since the condition
was discovered within 180 days of enlistment and is
disqualifying for military duty, he was processed for an entry
level separation. He was informed of the diagnoses and
treatment plan. It was felt that this condition was not caused
by military service, but existed prior to service and was
aggravated by the intense physical activity, and he was unable
to continue training. A condition must be considered service
connected and/or the member must have served 180 days or more of
active duty to be considered for future VA disability benefits.
The complete AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOS recommends denial. They note that 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.
In addition, the applicants record reveals that his condition
was not caused by military service, but existed prior to service
and was aggravated by the intense physical activity, and he was
unable to continue his training. The applicant should not have
been allowed to join the Air Force because of atrial
fibrillation. Had the Air Force known of this condition at the
time of applicant's enlistment, he would not have been allowed
entry into the military. Although he states his condition did
not exist prior to enlistment, his medical condition does not
meet assessment standards.
The applicants service characterization is correct as reflected
on his 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 that
if a member served less than 180 days of continuous service, it
would be unfair to the member and the service to characterize
their limited service. Therefore, his uncharacterized service
is correct and is in accordance with DoD and Air Force
instructions.
The complete AFPC/DPSOS evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 9 Dec 11 for review and comment within 30 days. As
of this date, no response has been received by this office
(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 in judging the merits of
the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion in this application. The discharge appears to comply
with the governing AFI and we find no evidence to indicate that
his separation, his reason for separation, or his character of
service from the Air Force were inappropriate. We find no
evidence of error in this case and after thoroughly reviewing
the documentation that has been submitted in support of
applicant's appeal, we do not believe he has suffered from an
injustice. Therefore, based on the available evidence of
record, we find no basis upon which to favorably consider this
application.
4. Notwithstanding the above, in regard to the applicants
request to change his character of service to medical, DPSOS has
provided an adequate assessment of the applicants case and we
are in agreement with their opinion and recommendation. In
addition, when a member is within a 180 days of service we in
most cases do not characterize his short service. Only on a
case by case basis and it is clearly warranted by unusual
circumstances of personal conduct and performance of military
duty, can a member be given an honorable characterization of
service. Therefore, we find no basis to favorably consider this
portion of his 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-2011-02101 in Executive Session on 20 March 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 May 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETS/SGPS, dated 15 Aug 11.
Exhibit D. Letter, AFPC/DPSOS, dated 8 Nov 11.
Exhibit E. Letter, SAF/MRBR, dated 9 Dec 11.
Panel Chair
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