RECORD OF PRPOCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05045
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Entry-Level Separation (ELS) be changed to medically
service-connected.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was granted service-connection by the Department of Veterans
Affairs (DVA) and was informed that his ELS would be adjusted.
However, it was not until he applied for a VA loan that he
discovered it was not changed.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty and a DVA Rating Decision memorandum.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 22 Jun 95, the applicant enlisted in the Regular Air Force.
On 17 Aug 95, a Medical Evaluation Board (MEB) convened to
consider the applicant for an Existed Prior to Service (EPTS)
defect. The board recommended the applicant be granted an ELS
for a pre-existing history of right meniscus tear, status post
arthroscopic surgery and symptomatic right knee plica syndrome,
interfering with his training.
On 21 Aug 95, the applicant was informed of the findings and
recommendations of the board and did not provide a letter of
exception or rebuttal.
On 8 Sep 95, the applicant was discharged with an
uncharacterized character of service and narrative reason for
separation of Failed Medical/Physical Procurement Standards. He
served 2 months and 17 days of total active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends denial. SGPS states that the evidence of
record reveals the applicant did disclose his history of knee
surgery to the Military Entrance Processing Station (MEPS) Chief
Medical Officer; however, it appears that only one of three
surgeries was noted on his medical exam. While in training
{sic} his right knee became symptomatic and he could not
continue due to the pain.
After his separation, the applicant was evaluated by the DVA and
given a 30 percent disability rating based on his military
service, which does not make the condition a result of his
military training. Also, the DVA report classified the
applicants condition as EPTS.
SGPS states that the applicants separation was done in
accordance with established policies and administrative
procedures.
Further, SGPS noted that it has been 17 years since the
applicant left the service and there is no indication his
condition was ever corrected, and possibly could have worsened
over time.
The complete SGPS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANTS REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 6 Nov 12 and 14 Jan 13, for review and comment
within 30 days (Exhibits D). As of this date, this office has
not received a response
_________________________________________________________________
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 an injustice. After a
thorough review of the evidence of record and the applicants
complete submission, we are not convinced he has been the victim
of an error or injustice. Therefore, 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 that the applicant has not been the victim of an
error or injustice. In view of the above and 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 AFBCMR Docket
Number BC-2012-05045 in Executive Session on 6 Aug 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Oct 12, w/atchs.
Exhibit B. Applicant's Military Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 11 Dec 12.
Exhibit D. Letter, SAF/MRBR, dated 14 Jan 13, w/atch.
Panel Chair
AF | BCMR | CY2011 | BC-2011-01999
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01999 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. A complete copy of the AETC/SGPS evaluation is at Exhibit C. AFPC/DPSOS recommends denial of the applicants request to change his entry-level separation with uncharacterized service to a general (under honorable conditions) discharge,...
AF | BCMR | CY2014 | BC 2014 02186
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02186 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The reason for separation on his DD Form 214, Certificate of Release or Discharge from Active Duty, item 30, should read Discharge due to disability, and not Convenience of the Government, Did not meet the minimum medical standards for enlistment. APPLICANT CONTENDS THAT: He is trying to purchase a home using a...
AF | BCMR | CY2010 | BC-2010-02151
The complete BCMR Medical Consultant evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicants counsel responded that the BCMR Medical Consultant states the applicant is requesting a change to his discharge to Honorable, Medical. It was a year and almost four months from the time of his surgery to his enlistment and the new injury. The applicants counsel asserts the applicants knee...
AF | BCMR | CY2014 | BC 2014 02367
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02367 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her Separation Code (SPD) of JFW (erroneous enlistment; medical condition disqualifying for military service, with no medical waiver approved) be changed to Permanent Physical Disability, with an honorable discharge instead of uncharacterized service. The applicant is requesting her separation be changed to...
AF | BCMR | CY2013 | BC 2013 02042
In a letter dated 19 Jun 13, the applicant requested that her case be administratively closed to allow for more time to gather information in response to the Air Force evaluations. The Medical Consultant notes that two separate Air Force policies, AFI 36-3208 and AFI 36-3212, Physical Evaluation for Retention, Retirement and Separation, may be at crossroads; one which justifies an ELS for the medical condition, pes planus (flat feet), which was likely to have Existed Prior to Service...
AF | BCMR | CY2013 | BC-2012-02471
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denying the applicant’s request to change his separation. Had the Air Force known of this condition at the time of his enlistment, the applicant would not have been allowed entry into the military. The applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.
AF | BCMR | CY2013 | BC-2012-02825
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-02825 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: Her uncharacterized entry level separation be changed to honorable. DPSOS states that based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge...
AF | BCMR | CY2014 | BC 2014 03113
On 12 May 2014, the discharge authority approved the recommendation that the applicant be discharged. DPSOR did not find any evidence of any errors or injustices in the discharge process. A complete copy of the BCMR Medical Consultants evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 18 June 2015 for review and comment within 30 days (Exhibit F).
AF | BCMR | CY2013 | BC 2013 03779
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03779 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry code (RE) of 2Q (Personnel medically retired or discharged) be changed to an RE code in the 1 series to allow immediate reenlistment. On 29 September 2011, the applicant underwent a Medical Evaluation Board (MEB) and received a diagnosis...
AF | BCMR | CY2012 | BC-2012-01899
The applicants complete submission, with attachment, is at Exhibit A. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR) which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends denial of the applicants request to change his RE code. In accordance with DoD and Air Force guidance on entry-level...