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 applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 17 Apr 07.
On 21 Jun 07, the applicants 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 members 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
applicants 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 applicants 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 applicants
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 applicants 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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