RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02165
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her Entry Level Separation (ELS) with uncharacterized service
for Erroneous Entry be upgraded to an Honorable discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was told when she was in the hospital at Tech School for her
knee injury there was no evidence of her staph infection on her
records. She told her recruiter and the doctors at the Military
Entry Processing Station (MEPS) about the staph infection. She
never lied about anything on paperwork or under oath.
In support of her request, the applicant provides copies of
excerpts from her medical records and her DD Form 214, Certificate of Release or Discharge from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force on 27 Nov 01.
On 22 Feb 02, while at technical school, the applicants
commander notified her he was recommending her for an ELS for
Erroneous Enlistment. The reason for this action was that her
Chronological Record of Medical Care, dated 28 Jan 02, indicated
she was diagnosed with knee pain and it was determined the
condition existed prior to service and had not been permanently
aggravated by service. The applicant acknowledged her right to
consult with counsel and submit statements in her own behalf,
but declined to do so.
On 22 Feb 02, the applicants commander recommended she be
furnished an ELS for Erroneous Enlistment and the case was
subsequently determined to be legally sufficient.
On 26 Feb 02, the discharge authority directed the applicant be
discharged with an ELS for Erroneous Enlistment.
On 5 Mar 02, the applicant was furnished an ELS with
uncharacterized service for Erroneous Entry and was credited
with three months, and nine days of total active service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial indicating there is no evidence of
an error or injustice. 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. The applicant should not have been allowed to join
the Air Force because of knee pain. Had the Air Force known of
this condition at the time of the applicants enlistment, she
would not have been allowed entry into the military. Airmen are
given entry-level separation with uncharacterized service when
separation is initiated in the first 180 days of continuous
active service. The Department of Defense (DoD) determined it
would be unfair to the member and the service to characterize a
members limited service when separation is initiated within the
first 180 days of active service. Therefore, her DD Form 214 is
correct in accordance with DoD and Air Force instructions.
The complete AFPC/DPSOS evaluation is at Exhibit A.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 26 Jul 12 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 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 an 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 Air Force office of primary responsibility
(OPR) and adopt its 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 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 the
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02165 in Executive Session on 7 Feb 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 May 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 29 Jun 12.
Exhibit E. Letter, AFBCMR, dated 26 Jul 12.
Panel Chair
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