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.
2
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
4
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