RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03636
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her entry level separation (ELS) for failed medical/physical
procurement standards be changed to a medical discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
To say she should never have been allowed in the Air Force
because of her condition and that her discharge should be for
erroneous enlistment is wrong. She never had a back problem a
day in her life until she began running a month or two before
basic training. She believed she was running wrong and that was
the cause of her pain because the pain never lasted longer than
a day. No one would have caught her medical problem with her
spine unless she had Magnetic Resonance Imaging (MRI) because
that was the only way anterolisthesis can be found. She didnt
know she had a chronic condition.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant initially entered the Air Force on 18 Jul 11.
On 3 Oct 11, the applicants commander notified her that he was
recommending her for discharge for erroneous enlistment. The
reason for this action was her medical narrative summary, dated
6 Sep 11, stated she did not meet minimum medical standards to
enlist due to lumbar disk degeneration. The applicant
acknowledged receipt and waived her right to legal counsel and
to submit statements.
On 4 Oct 11, the action was reviewed and determined to be
legally sufficient, and the discharge authority directed the
applicant be furnished an ELS for erroneous enlistment in
accordance with AFI 36-3208, Administrative Separation of
Airmen.
On 5 Oct 11, the applicant was furnished an ELS with
uncharacterized service for failed medical/physical procurement
standards, assigned a Reentry (RE) code of 4C (Concealment of
juvenile records; or minority, or failure to meet physical
standards; or failure to obtain 9.0 reading grade), and was
credited with 2 months and 18 days of active service.
The relevant facts pertaining to this application are described
in the letters prepared by the Air Force offices of primary
responsibility which are included at Exhibits C and D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, indicating there is no evidence of
an error or injustice. The applicant should not have been
allowed to join the Air Force because she had lumbar disc
degeneration. Had the Air Force known of this condition at the
time of the applicants enlistment, she would not have been
allowed entry. Although the applicant states she has finished
treatment and can return to the Air Force, her medical condition
does not meet accession standards. The discharge was consistent
with the procedural and substantive requirements of the
discharge regulation and was within the discretion of the
discharge authority. Airmen are given ELS 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 discharge was in accordance with DoD and Air
Force guidance.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
AETC/SGPS recommends denial of the applicants request to change
her RE code, indicating there is no evidence of an error or
injustice. Her medical defect may have gone unnoticed prior to
military service and was aggravated by the strenuous physical
activity prompting her to seek medical care. As her condition
may become chronic over time, she was disapproved for a waiver
and disqualified from military service. The separation was
carried out in accordance with established policy and
administrative procedures. She does not meet the current
medical criteria for military duty.
A complete copy of the AETC/SGPS evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 29 Oct 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 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 Air Force office of primary responsibility 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 this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03636 in Executive Session on 2 Apr 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-03636 was considered:
Exhibit A. DD Form 149, dated 13 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 25 Sep 12.
Exhibit D. Letter, AETC/SGPS, dated 24 Oct 12.
Exhibit E. Letter, SAF/MRBR, dated 29 Oct 12.
Panel Chair
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