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AF | BCMR | CY2012 | BC-2012-05569
Original file (BC-2012-05569.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			   DOCKET NUMBER: BC-2012-05569

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be reversed and he be returned to the Air Force 
Reserve.

________________________________________________________________

APPLICANT CONTENDS THAT:

He should not have been discharged.  A physician’s assistant 
said that he had flat feet pain that prevented him from 
completing training; which is false.  He did not have foot pain, 
nor did it keep him from completing training.  There were no 
problems when he reported to Fort Dix, New Jersey for his 
physical.  There were also no problems according to the x-rays 
taken of his feet at Lackland Air Force Base, Texas.  

He has a note from a doctor stating that he does not have foot 
pain.  It also states that he can perform and put any amount of 
stress on his feet without limitation. 

In support of his appeal, the applicant provides a note from his 
physician. 

The applicant’s complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 20 July 2010.  
On 23 September 2010, he was notified of his commander’s intent 
to discharge him from the Air Force for defective enlistment 
under basis for erroneous enlistment.  Specifically, a medical 
narrative dated 17 September 2010 found that he should not have 
been allowed to join the Air Force due to Pes Planus.  The 
applicant acknowledged his commander’s intent, his right to 
legal counsel, to submit a statement on his behalf and his right 
to waive the aforementioned rights.  The applicant waived his 
right to counsel and declined to submit a written statement for 
the commander’s consideration.  On 28 September 2010, the 
commander approved the discharge.  He was separated on 
30 September 2010 with an entry level separation.  His service 
was uncharacterized.

________________________________________________________________

AIR FORCE EVALUATION:

AETC/SGPS recommends denial.  The record reflects the applicant 
was seen at the Reid clinic on 17 September 20110 for another 
problem when he stated that he did not want to continue training 
due to his having foot pain.  He was not motivated to continue 
training.  He also reported a history of Pes Planus prior to 
entering the military.  

An entry level separation was initiated and the applicant stated 
that he understood the diagnosis and treatment plan to seek 
treatment after separation.  He did not wish to apply for a 
medical waiver to remain in the Air Force Reserves.  

The separation was in accordance with established policy and 
administrative procedures.  

The complete AETC/SGPS evaluation is at Exhibit C.

AFPC/DPSOR recommends denial.  The separation was in accordance 
with established policy and administrative procedures.  His 
condition rendered him unsuitable to continue with his military 
service.  The documentation in the applicant’s master personnel 
file supports a basis for discharge and his entry level 
separation and was within the discretion of the discharge 
authority.  

Airmen are given entry level separations and their service 
uncharacterized when separating within the first 180 continuous 
days of active service.  The Department of Defense (DoD) has 
determined if a member served less than 180 continuous days of 
active service and it would be unfair to the member and the 
service to characterize their limited service.  Therefore, the 
narrative reason for separation and is correct and in accordance 
with DoD and Air Force instructions.

The applicant appears to be succeeding and coping well in his 
civilian capacity; however, the military environment is unique 
and the stressors encountered in such an environment may not 
appear or surface when removed from the military environment.  

The applicant did not submit evidence or identify an error or 
injustice that occurred during the discharge processing.  

The complete AFPC/DPSOR evaluation is at Exhibit D.

________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 1 March 2013, for review and comment within 30 days 
(Exhibit E).  As of this date, this office has received no 
response.

________________________________________________________________

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 are not persuaded by the evidence 
submitted in his appeal that his discharge should be reversed.  
Therefore, we agree with the opinion and recommendation of the 
Air Force offices of primary responsibility, and adopt their 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice.  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-2012-05569 in Executive Session on 24 September 2013, 
under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-05569 was considered:

    Exhibit A.  DD Form 149, dated 17 Dec 12, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AETC/SGPS, dated 27 Dec 12.
    Exhibit D.  Letter, AFPC/DPSOR, dated 25 Feb 13.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Mar 13.

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