RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00982
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her uncharacterized service be upgraded to honorable.
APPLICANT CONTENDS THAT:
Her character of service should be upgraded because her discharge
was a result of a disability which has been rated by the
Department of Veterans Affairs (DVA) as service-connected.
She believes the Board should find it in the interest of justice
to consider her untimely application because she was unable to
pursue this matter sooner due to family issues.
The applicants complete submission, with attachment, is at
Exhibit A.
STATEMENT OF FACTS:
On 9 Jan 07, the applicant enlisted in the Regular Air Force for a
period of four years.
On 15 Mar 07, the squadron commander notified the applicant of
administrative discharge action for erroneous enlistment. The
specific reason for the proposed action was based on a Standard
Form 600, Chronological Record of Medical Care, dated 8 Mar 07,
which indicated the applicant should not have been able to join
the Air Force because of shoulder pain. If the relevant facts of
this medical condition had been made known to the Air Force, she
would have not been permitted to join. The commander recommended
an entry level separation. The applicant acknowledged receipt of
the discharge notification, waived her right to consult counsel
and to submit statements in her own behalf. The assistant staff
judge advocate found the case file legally sufficient to support
separation. On 21 Mar 07, the discharge authority approved an
entry level separation.
The applicants DD Form 214, Certification for Release or
Discharge from Active Duty, issued in conjunction with her
22 Mar 07 entry level separation, reflects that she received a
narrative reason for separation of Failed Medical/Physical
Procurement Standards, with an RE code of 4C. She was credited
with 2 months and 14 days of active duty service.
AIR FORCE EVALUATION:
AETC/SGPS recommends denial. Based on the documentation on file
in the applicants records, the separation was done in accordance
with established policy and administrative procedures.
A review of the applicants records and medical notes from the
Wilford Hall Medical Center (WHMC) revealed that at the time of
her Military Entrance Processing Station (MEPS) examination, a
surgical scar from a previous surgical correction of her right
shoulder was asymptomatic and she was cleared for military
service. On 8 Mar 07, she was seen for shoulder pain which was
preventing continued training. It was felt by her providers that
this condition existed prior to military service but was
asymptomatic. During Basic Military Training (BMT) it became
symptomatic due to vigorous physical activity during training.
She declined a waiver review by HQ AETC/SGPS and opted for
separation. She stated she understood the diagnoses and treatment
plan, and subsequently was processed for an entry level
separation. After separation, she applied for and was granted
disability by the DVA.
The complete SGPS evaluation is at Exhibit C.
AFPC/DPSOR recommends denial. DPSOR notes that based on the
documentation on file in the master personnel records, the
discharge to include the narrative reason for separation,
separation code and the character of service was appropriately
administered and was within the discretion of the discharge
authority. The applicant has not provided any evidence that an
error or injustice occurred in the processing of her discharge.
The medical authorities concluded the applicant had a pre-existing
medical condition that would have precluded her from enlisting in
the Air Force had this condition been made known in advance.
Hence, both the commander and the discharge authority correctly
concluded the discharge was in order. The applicant's service
characterization is also correct as reflected on her DD Form 214.
Airmen are given entry-level separation/uncharacterized service
characterization when separation is initiated in the first
180 days continuous active service. The Department of Defense
(DoD) determined if a member served less than 180 days continuous
active service, it would be unfair to the member and the service
to characterize their limited service. Therefore, the
uncharacterized service on his DD Form 214 is correct and in
accordance with DoD and Air Force instructions.
The complete DPOSR evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 12 Nov 14 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
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. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force offices of primary responsibility
(OPR) and adopt their rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2014-00982 in Executive Session on 20 Jan 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00982 was considered:
Exhibit A. DD Form 149, dated 4 Mar 14, w/atch.
Exhibit B. Pertinent Excerpts from Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 27 May 14.
Exhibit D. Letter, AFPC/DPSOR, dated 2 Jun 14.
Exhibit E. Letter, SAF/MRBR, dated 12 Nov 14.
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