RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04495
COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation be changed from Failed
Medical/Physical Procurement to Medical discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for a medical condition which is reflected in
his records.
The applicant provides no documents in support of his request.
His complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 10 Nov 2003, the applicant enlisted in the Regular Air Force.
On 5 Dec 2003, the applicant was notified by his commander that
he was recommending he be discharged from the Air Force for
entry-level separation (Defective Enlistment). The commander
cited medical narrative summary dated 1 Dec 2003 that found
the applicant did not meet minimum medical standards to
enlist.
On 5 Dec 2003, the applicant acknowledged the Discharge
Notification and waived his rights to consult with legal
counsel and submit statements in his own behalf.
On 8 Dec 2003, the Staff Judge Advocate found the discharge
action legally sufficient.
On 11 Dec 2003, the applicant received an entry level discharge
with an uncharacterized character of service after serving one
month and two days of active service.
The remaining relevant facts pertaining to this
application, extracted from the applicant's military
records, are contained in the letter prepared by the
appropriate office of the Air Force at Exhibit D.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial of changing the applicants
narrative reason for separation. DPSOS states the applicant
did not submit any evidence or identify any errors or
injustices that occurred in the discharge processing. He
should not have been allowed to join the Air Force because of
his medical condition (pes planus). Had the Air Force known
of this condition at the time of his enlistment, he would not
have been allowed entry into the military. The documentation
on file in the master personnel records supports the basis for
discharge and his entry level service characterization. The
discharge was consistent with the procedural and substantive
requirements of the discharge instruction and was within the
discretion of the discharge authority.
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,
his narrative reason for separation is correct and in
accordance with DoD and Air Force instructions.
The complete DPSOS evaluation is at Exhibit C.
The BCMR Medical Consultant recommends denial. The Medical
Consultant states it appears that the applicant had bilateral
moderate pes planus, or flat feet, discovered at the Military
Entrance Processing Station five months before entering
military service, which had been asymptomatic until he
experienced the levels of physical activity encountered in
basic training. Symptoms developed within 30 days of entry
into active service. Additionally, once at Basic Military
Training, he was also diagnosed with hallux valgus (bunions).
Both of these conditions, when symptomatic, are disqualifying
for continued service, in accordance with AFI 48-123, Medical
Examinations and Standards. Whenever a condition is found
disqualifying for continued service, or even for entry into
military service many people seek to have that condition waived
so that their military service can continue. Medical records
show that the applicant declined the opportunity to seek a
waiver for this condition. Although the Department of Veterans
Affairs (DVA) does rate illnesses and injuries if there is a
service connection, the Air Force is prohibited by law from
offering compensation for a medical condition that existed
prior to service. The Medical Consultant concludes that the
applicant has not met the burden of proof of an error or
injustice that warrants the desired change of the record.
There is also no suggestion that any error or injustice
occurred during this process.
The complete BCMR Medical Consultant evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 24 Jul 2012, copies of the Air Force evaluations were
forwarded to the applicant 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 opinion and recommendation
of the BCMR Medical Consultant and the Air Force office of
primary responsibility and adopt their rationale as the basis
for our conclusion 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 Docket Number BC-
2011-04495 in Executive Session on 15 Nov 2012, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-04495:
Exhibit A. DD Form 149, 1 Nov 2011.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 7 Feb 2012.
Exhibit D. Letter, BCMR Medical Consultant, dated 5 Jul
2012.
Exhibit E. Letter, SAF/MRBR, dated 24 Jul 2012.
Panel Chair
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