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AF | BCMR | CY2013 | BC 2012 05274
Original file (BC 2012 05274.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05274

		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His Uncharacterized discharge be upgraded to an Honorable 
discharge.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged due to a shoulder injury he sustained in Basic 
Military Training (BMT) that the doctors determined was pre-
existing, despite his statement of never injuring his shoulder 
before.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 17 Apr 07.

On 21 Jun 07, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for erroneous 
enlistment.  The reason for the action was the applicant did not 
meet the minimum medical standards to enlist due to having 
shoulder joint instability.  

On 21 Jun 07, the case was found to be legally sufficient and on 
22 Jun 07, the discharge authority directed the applicant be 
furnished an entry-level separation.  On 26 Jun 07, he was 
furnished an entry-level separation with uncharacterized service 
and was credited with two months and ten days of total active 
service.

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 member’s limited service when separation is 
initiated within the first 180 days of active service.

The remaining 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 F.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial indicating there is no evidence of 
an error or injustice.  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 due to his shoulder joint instability.  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.  

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 25 Jan 13 for review and comment within 30 days 
(Exhibits D).  As of this date, this office has received no 
response.

________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The AFBCMR Medical Consultant recommends denial, indicating the 
applicant’s post-service medical evidence and opinion submitted 
one year after being discharged, in and of itself, is 
insufficient to meet the burden of proof of an error or 
injustice.  While the Department of Veterans Affairs (DVA) has 
granted service connection for the applicant’s shoulder ailment, 
without any service medical documentation to review, the mere 
fact the DVA has elected to grant service connection for the 
applicant's shoulder ailment, based upon its examination and the 
belief that the applicant's testimony was "honest," is not 
indicative of the facts present at the time of the applicant’s 
release from the military.  

A complete copy of the AFBCMR Medical Consultant evaluation is 
at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the AFBCMR Medical Consultant evaluation was forwarded 
to the applicant on 12 Aug 13 for review and comment within 
30 days (Exhibit F).  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 timely filed.

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 opinions and 
recommendations of the Air Force office of primary 
responsibility (OPR) and AFBCMR Medical Consultant and adopt 
their 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 an 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-2012-05274 in Executive Session on 19 Sep 13, under 
the provisions of AFI 36-2603:

	               , Panel Chair
	               , Member
	               , Member





The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-05274 was considered:

  Exhibit A.  DD Form 149, dated 22 Oct 12, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSOR, dated 10 Jan 13.
  Exhibit D.  Letter, SAF/MRBR, dated 25 Jan 13.
  Exhibit E.  Letter, AFBCMR Medical Consultant, 
              dated 12 Aug 13.
  Exhibit F.  Letter, AFBCMR, dated 12 Aug 13.




			
			Panel Chair

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