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AF | BCMR | CY2013 | BC 2013 02295
Original file (BC 2013 02295.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-02295

				COUNSEL: NONE

				HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT: 

Her narrative reason for separation, erroneous entry, be 
changed.

________________________________________________________________

APPLICANT CONTENDS THAT:

She was hurt during technical training not prior to entering the 
Air Force.

In support of her request, the applicant submits excerpts from 
her master personnel records and excerpts of her medical 
records.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 8 February 
2011.  On 30 November 2011, she was notified of her commander’s 
intent to discharge her from the Air Force for erroneous 
enlistment.  Specifically, the applicant was diagnosed with 
Snapping Hip Syndrome, a condition that existed prior to her 
service.  The applicant acknowledged her commander’s intent, her 
right to counsel and to submit matters on her behalf:  she 
waived her right to counsel and submit matters. 

The discharge was found legally sufficient on 6 December 2011. 
On 7 December 2011, the commander approved the separation.  She 
received an honorable discharge and her narrative reason for 
separation was listed as erroneous enlistment.  She was credited 
with serving 10 months and 1 day of active duty.

On 6 November 2013, AFPC/DPSOE verified the applicant should 
have been promoted to the rank of airman first class/E-3 after 
20 weeks of service as she had graduated from basic military 
training.  The Military Personnel Data System has been corrected 
to reflect her rank as an airman first class with a date of rank 
of 21 October 2011.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial.  Airmen are subject to discharge 
for erroneous enlistment when errors in the enlistment process 
occur.  Errors are when the Air Force does not have the true 
facts or does not take the right action.  Airmen are subject to 
discharge from an erroneous enlistment if:  it would not have 
occurred had the relevant facts been known by the Air Force and 
the eligibility criteria of AFI 36-2002 had been followed; or it 
was not the result of fraudulent conduct on the part of the 
member; or, the defect is unchanged in any material respect.

The applicant’s chronological record of medical care, dated 
3 November 2011 states she was diagnosed with Snapping Hip 
Syndrome; a condition so severe it prevents continued training.  
The medical record indicates the applicant did experience 
symptoms prior to entering military service and the treating 
physician’s assistant, with the concurrence of the staff 
physician, concluded that the applicant’s condition existed 
prior to service.

The applicant should not have been allowed to join the Air Force 
because she was diagnosed with Snapping Hip Syndrome.  Had the 
Air Force known of this condition at the time of her enlistment, 
she would not have been allowed entry into the military.

Based on the documentation in the master personnel file, the 
discharge was consistent with the procedural and substantive 
requirements of the discharge regulation and was within the 
discretion of the discharge authority.

The complete DPSOS evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

She has reviewed her medical records and does not see where it 
states that she experienced symptoms prior to service.  She was 
under the impression she would be allowed to reenter the Air 
Force 6 months after being discharged.  She was denied reentry 
because of her narrative reason for separation, erroneous 
enlistment. 

The applicant’s complete response, with attachments, is at 
Exhibit E.

________________________________________________________________




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 injustice.  The 
applicant's complete submission was thoroughly reviewed and her 
contentions were duly noted.  However, we do not find the 
applicant’s assertions and the documentation presented in 
support of her appeal sufficiently persuasive to override the 
rationale provided by AFPC/DPSOS.  Therefore, we agree with 
their opinion and recommendation and adopt their rationale as 
the basis for our conclusion that relief beyond that already 
administratively granted is not warranted.  Therefore, in the 
absence of evidence to the contrary, we find no basis to grant 
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-2013-02295 in Executive Session on 6 February 2014 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 7 May 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOS, dated 28 Jun 13.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Dec 13.
	Exhibit E.  Applicant’s Response, undated, w/atchs.




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