RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03930
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for discharge of fraudulent entry into
military service be removed and a medical waiver be rendered so
he may enlist in the Air Force.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He disagrees with his reason for being separated as being
Fraudulent Enlistment. He does not meet the criteria listed in
the governing regulation. At no time during his application or
entry process did he knowingly, intentionally or deliberately
fail to disclose any aspect of his health. He had been followed
for normal examinations and occasional onset of various aches and
pains; however, to his knowledge he was never diagnosed with a
specific ailment regarding his heart or knees. The only aspect
of his health that he was aware of was that he grew too fast.
2. He began experiencing lightheadedness, shortness of breath and
his heart started to race. Because he had never experienced any
of these symptoms before, he believed he was not in as good of
shape as he thought.
3. During his Military Entrance Processing Station (MEPS)
interview he attempted to explain his experience of symptoms of
his heart racing; however, the symptoms were sporadic and did not
require medical attention; therefore, he attributed it to being
nervous. However, when he described the symptoms of his heart
racing he apparently used the wrong medical terminology by
referencing it as heart palpitations. After his medical
examinations, he was not diagnosed with any heart condition or
palpitations, and his stress tests were all within normal limits.
5. With regard to his knee pain, he did not experience the
severe knee pain until he arrived at his unit and was diagnosed
with Osgood Schlatter disease, which he understands to be a
disqualifying condition; he was shocked and unaware that he had
this condition. His knee condition is not a medically
disqualifying condition; he is capable of performing all service
related training activities.
6. His goal and aspiration was to have a full 20 year career in
the Air Force. He is extremely disappointed that he had to
separate due to a disqualifying condition which he was unaware
of; however, he reiterates that at no time did he ever conceal or
fail to disclose an existing medical condition. He did not enter
the Air Force for the purpose of medically deceiving anyone.
In support of his request, the applicant provides a personal
statement.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 5 Jul 11.
The applicants commander recommended him for discharge under
AFPD 36-32 and AFI 36-3208, Chapter 5, Section 5C, Defective
Enlistments, Paragraph 5.15 for Fraudulent Enlistment. The
specific reason for this action was for intentionally concealing
a prior service medical condition (history of palpitations),
which if revealed could have resulted in rejection of his
enlistment. The assistant staff judge advocate found the case
legally sufficient. The applicant received an entry-level
discharge on 24 Aug 11.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are at Exhibit C and D.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends denial. After a review of the applicants
records, it was revealed that he was seen at the Reid Clinic on
18 Jul 11 for chest pain and after a full cardiac eval no disease
or defect was found. The applicant also complained of left knee
pain which he had prior to induction but failed to disclose. The
knee condition became worse with continued physical fitness
requirements and he was diagnosed with symptomatic Osgood-
Schlatter disease and he was recommended for an entry-level
separation. SGPS finds that the separation was done in
accordance with established policy and administrative procedures.
However, SGPS states that once his condition has resolved and he
meets the one year asymptomatic window, they can support the
applicants re-entry.
The complete AETC/SGPS evaluation is at Exhibit C.
APFC/DPSOS recommends denial. The applicant signed a statement
that indicated he did not have a history of palpitations. He
also stated a couple of days before arriving to MEPS there were
no symptoms at the time and he thought that it was only a
temporary thing. DPSOS notes that although he thought it was a
temporary situation, he did not disclose his medical history;
therefore, they believe the Fraudulent Enlistment was the correct
basis for discharge. The documentation on file supports the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was with the
discharge authoritys discretion.
The complete DPSOS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 6 Mar 12 for review and comment within 30 days. 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. 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 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 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 AFBCMR Docket
Number BC-2011-03930 in Executive Session on 8 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Oct 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AETC/SGPS, dated 2 Dec 11.
Exhibit D. Letter, AFPC/DPSOS, dated 9 Feb 12.
Exhibit E. Letter, SAF/MRBR, dated 6 Mar 12.
Panel Chair
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