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AF | BCMR | CY2012 | BC-2012-00526
Original file (BC-2012-00526.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER:  BC-2012-00526 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

IN THE MATTER OF: 
   
    
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His  narrative  reason  for  separation,  “Erroneous  Entry,”  be 
removed from his records. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
The  narrative  reason  for  separation  reflected  on  his  DD  Form 
214, Certificate of Release or Discharge from Active Service, is 
inaccurate. 
 
He  was  not  aware  of  any  medical  conditions  prior  to  his  entry 
into  the  Air  Force.    His  medical  issues  were  aggravated  by 
service. 
 
In  support  of  his  request  the  applicant  provides  copies  of  his 
DD Forms 214 and extracts from his medical records. 
 
His complete submission, with attachments, is at Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On 23 Feb 2010, the applicant enlisted in the regular Air Force.   
 
On  28  Sep  2011,  his  commander  notified  him  he  was  recommending 
he  be  discharged  under  the  provisions  of  AFI  36-3208, 
Administrative  Separation  of  Airmen.    The  specific  reason  for 
this  action  was  he  was  diagnosed  with  chronic  back  pain,  as 
documented  on  his  Standard  Form  600,  Chronological  Record  of 
Medical  Care,  dated  22  Aug  2011.    He  was  seen  by  a  doctor  who 
determined his condition existed prior to his enlistment.  This 
condition  disqualifies  enlistment  under  DODI  6130.03  Enclosure 
4,  Paragraph  17  (d).    As  a  result,  he  was  removed  from  the 
Security Forces Apprentice Course. 
 
On  28  Sep  2011,  the  applicant  acknowledged  receipt  of  the 
discharge notification. 
 
On  3  Oct  2011,  the  Deputy  Staff  Judge  Advocate  found  the 
discharge legally sufficient. 
 

 

 

 
On  7  Oct  2011,  he  received  an  honorable  discharge.    The 
narrative  reason  for  separation  was  “Erroneous  Entry.”    He 
served eight months and five days of total 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 BCMR Medical Consultant at Exhibit 
C. 
 
________________________________________________________________ 
 
THE AIR FORCE EVALUATION: 
 
The BCMR Medical consultant recommends denial of the applicant's 
implicit petition to establish permanent service aggravation or 
service connection for his lumbar spine condition.  The Medical 
Consultant  states  the  applicant  developed  low  back  pain  after 
performing  routine  physical  training  (PT).    The  applicant  did 
not  recall  any  specific  traumatic  event,  e.g.,  heavy  lifting, 
pull  and  push,  or  a  slip  and  fall  that  could  have  caused  his 
back  pain.    Instead,  the  record  indicates  that  it  first  began 
while performing unit PT; particularly noted while running.  The 
record indicates pain relief was achieved through alterations of 
posture and in some instances while swimming. 
 
The  professional  medical  staff  concluded  that  it  was  the 
applicant's  congenital  [normal  variant]  lumbosacral  spine  that 
formed the biomechanical basis for his back pain.  Consequently, 
the applicant was discharged under the premise that had the Air 
Force known of his predisposition for developing lumbar pain or 
was aware of his congenital spine variant anatomy, it is likely 
that  he  would  not  have  been  accepted  into  active  military 
service;  or  if  so,  under  a  waiver.    Under  such  separation  
actions for conditions occurring so soon after entering military 
service,  and  where  the  evidence  shows  the  condition  existed 
prior  to  entering  service,  the  reason  for  separation  may  be 
designated  as  Erroneous  Entry,  Failed  Medical  Procurement 
Standards,  or  Fraudulent  Entry;  the  latter  reserved  for 
individuals  who  knowingly  failed  to  disclose  a  pre-existing 
medical condition on entering military service. 
 
In the case under review, as stated on the applicant's DD Form 
149,  it  is  indeed  likely  that  he  "had  no  idea  that  there  were 
any  medical  problems  at  all"  until  he  participated  in  running 
activities  during  his  qualification  training  and  unit  PT.  
Although  the  record  suggests  that  the  applicant's  recurrent 
exacerbations of pain persisted over a period of several weeks, 
despite conservative treatment measures, this is not proof that 
his  symptoms  represented  or  were  manifestations  of  permanent 
service  aggravation  of  his  congenital  spine  defect  above  and 
beyond  its  expected  natural  progression  or  clinical  expression 
when under strenuous physical activity.  Therefore, the Medical 
Consultant opines the applicant has not met the burden of proof 
of  error  or  injustice  that  warrants  the  desired  change  of  the 
record. 
 

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The complete BCMR Medical evaluation is at Exhibit C. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 
 
On  25  Oct  2012,  a  copy  of  the  Air  Force  evaluation  was 
forwarded  to  the  applicant  for  review  and  comment  within 
30 days.    As  of  this  date,  no  response  has  been  received  by 
this office (Exhibit D). 
 
________________________________________________________________ 
 
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 opinion and recommendation 
of  the  BCMR  Medical  Consultant  and  adopt  his  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 RECOMMENDS 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. 
 
________________________________________________________________ 
 

 

 

 
 

 Panel Chair 
 Member 
 Member 

 
 
The following members of the Board considered Docket Number BC-
2012-00526  in  Executive  Session  on  27  Nov  2012,  under  the 
provisions of AFI 36-2603: 
 
 
 
 The following documentary evidence was considered in AFBCMR BC-
2012-00526: 
 
    Exhibit A.  DD Form 149, dated 24 Jan 2012, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, BCMR Medical Consultant, dated 19 Oct 
                2012. 
    Exhibit D.  Letter, SAF/MRBR, dated 24 Oct 2012. 
 
 
 
 
                                     
                                   Panel Chair 

 

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