RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02367

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

Her Separation Code (SPD) of JFW (erroneous enlistment; medical 
condition disqualifying for military service, with no medical 
waiver approved) be changed to Permanent Physical Disability, 
with an honorable discharge instead of uncharacterized service.

Her character of service of Uncharacterized be changed to 
honorable.


APPLICANT CONTENDS THAT:

She did not have any issues with any part of her body until she 
entered Basic Military Training (BMT).  Her discharge is 
misclassified and according to her Military Entrance Processing 
Station (MEPS) paperwork, she had no injuries or disabilities 
prior to joining the military.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
12 Sep 06.

On 30 Nov 06, the applicant’s commander notified her of his 
intent to recommend her discharge for “defective enlistment,” 
under the provisions of AFPD 36-32 and AFI 36-3208, Chapter 5, 
Section C, Paragraph 5.14 under the basis of Erroneous 
Enlistment.  The reason for the action was that a medical 
narrative summary, dated 28 Nov 06, found the applicant did not 
meet the minimum medical standards to enlist.  She should not 
have been allowed to join the Air Force because of pes planus.  

On 30 Nov 06, the applicant acknowledged receipt of the action 
and on her right to consult counsel and submit statements on her 
own behalf.  The applicant waived her right to counsel and 
waived her right to submit statements on her own behalf. 
On 1 Dec 06, the discharge was found to be legally sufficient. 

On 5 Dec 06, the discharge authority concurred with the 
commander’s recommendation and directed the applicant’s entry-
level separation.  

On 7 Dec 06, the applicant was furnished an entry-level 
separation with uncharacterized service and was credited with 2 
months and 26 days of active service.   

The remaining relevant facts pertaining to this application are 
contained in the memorandums prepared by the Air Force offices 
of primary responsibility (OPR), which are attached at Exhibit 
C, D, and E.    


AIR FORCE EVALUATION:

AETC/SGPS recommends denial indicating there is no evidence of 
an error or an injustice.  The applicant feels her separation 
was unjust and in error based on the medical diagnoses.  She 
felt that she was injured in BMT because she was cleared by the  
MEPS and noted to have normal arches with no foot pain.  A 
review of the records and medical notes from Wilford Hall 
Medical Clinic (WHMC) note that during BMT the applicant 
developed chronic bilateral foot pain and was seen at Reid 
Clinic stating the pain began when she entered BMT.  She was 
diagnosed with bilateral symptomatic Pes Planus.  The condition 
isn’t caused, but is congenital and may not become apparent 
until, as in this case, aggravated by strenuous physical 
activity.  The condition is disqualifying for military duty; 
therefore, the applicant was processed for an entry-level 
separation.

A complete copy of the AETC/SGPS evaluation is at Exhibit C.

AFPC/DPSOR recommends denial indicating there is no evidence of 
an error or an injustice.  The applicant is requesting her 
separation be changed to permanent physical disability because 
she believes that due to receiving disability compensation from 
The Department of Veteran Affairs (DVA) her DD Form 214, 
Certificate of Release or Discharge from Active Duty, is in 
error.  The applicant acknowledged receipt of the notification 
of the discharge.  The base legal office reviewed and found the 
it legally sufficient to support separation.  The discharge 
authority approved the separation and directed the applicant be 
separated with an entry-level separation.  The discharge was in 
accordance with the discharge regulation.  The applicant’s 
service characterization is also correct as reflected on her DD 
Form 214.  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 if a member served less than 180 days 
of continuous active service; it would be unfair to the member 
and the service to characterize their limited service.  The 
discharge, to include the separation program designator code 
(SPD), narrative reason for separation and character of service, 
was appropriately administered and within the discretion of the 
discharge authority.  

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

AFBCMR Medical Consultant recommends granting partial relief by 
changing the applicant’s narrative reason for discharge to 
reflect disability, existed prior to service (EPTS)-service 
aggravated,  under authority AFI 36-3212, a corresponding change 
in SPD code [JFK or WFK], and a change in character of service 
to Honorable.  The applicant’s MEPS medical documents indicate 
no reported history of foot trouble prior to entering military 
service.  An overprint medical entry completed by a military 
provider, dated 28 Nov 06, shows that the applicant was 
reportedly “asymptomatic” [without symptoms] until she entered 
BMT, that she was unaware that she had a diagnosis of pes 
planus, and that she had completed three weeks and two days of 
BMT.  The provider noted “patient does not request an Air 
Education and Training Command (AETC) waiver, IAW AFI 48-123, 
Volume 2, paragraph A3.2.7.2,” and that she “saw orthopedics on 
21 Nov 06 and Dx [diagnosed] with pes planus.”  The applicant 
saw a podiatrist on 18 Dec 06, at which time she reported 
experiencing right and left foot pain and swelling, which had 
existed for three months.  The pain was characterized as 
“constant and stabbing” and “made worse with running and 
walking.”  The applicant reported the pain started “when she 
began military basic training” and that she was discharged 
during the last one and half weeks due to pain.  

A DVA rating document indicates the applicant was initially 
assigned a zero disability rating for her bilateral pes planus, 
but that it was upgraded to 30 percent effective 24 Aug 11.  The 
DVA examiner commented:  “The evaluation of your pes planus is 
increased effective the date we received your statement 
indicating worsening of your bilateral pes planus.  The DVA is 
authorized to offer compensation for any medical condition 
determined service incurred, without regard to whether it 
interfered with performance of military service, narrative 
reason for release from military service nor the time transpired 
since leaving the service.  The DVA is also authorized to 
periodically adjust [increase or decrease] disability rating 
awards as the level of severity of a given medical condition may 
vary [improve or worsen] over the lifetime of the veteran.  It 
is scientifically difficult to now determine nearly a decade 
after discharge, whether the applicant’s painful foot condition, 
never resolved after cessation of military training and 
departure from the military service or whether it became 
symptomatic secondary to one or more post-service activities  
The Board is reminded that the Military Department bases it 
medical administrative determinations upon the evidence present 
at the “snapshot” time of final military disposition; and not 
based on future progression of disease or injury or post-service 
exacerbation of symptoms.  The Military Department separated the 
applicant due to her pes planus, with the likely belief that it 
posed a risk for chronic recurrent exacerbations of foot pain 
with activity that would, in turn, continue to interfere with 
completion of training.  The record indicates the applicant also 
declined an AETC waiver to continue to serve.  

The AFBCMR Medical Consultant is of the opinion that the foot 
pain experienced by the applicant incident to her participation 
in BMT is not automatically determinative that her pes planus 
had been permanently aggravated by military service; 
notwithstanding the fact that she was reportedly asymptomatic 
until her participation in BMT.  The AFBCMR Medical Consultant 
could not determine through clear and unmistakable evidence, 
that the applicant’s medical condition [pes planus], which 
existed prior to service (EPTS), was not permanently aggravated 
by military service.  Based upon the initial rating decision of 
the DVA and the Veterans Schedule for Rating Disabilities code, 
5276, the Consultant opines the applicant’s foot condition would 
not have been rated greater than ten percent at the time of her 
release from military service.  

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 11 Feb 15 for review and comment within 30 days 
(Exhibit F).  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 timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice to warrant 
corrective action.  We took notice of the applicant’s complete 
submission in judging the merits of the case; however, we agree 
with the opinion and recommendation of AETC/SG and AFPC/DPSOA, 
and adopt their rationale as the basis for our conclusion that 
the applicant is not the victim of an error or injustice.  While 
we note the comments of the AFBCMR Medical Consultant indicating 
that the applicant’s condition could have been aggravated by her 
military service, we are not convinced by the evidence brought 
forth by the applicant is sufficient to undermine the 
presumption of regularity in government affairs that dictates 
that we must presume that the applicant’s discharge nearly ten 
years ago was appropriate to the given circumstances.  In this 
respect, we note the applicant has brought forth a single page 
excerpt of a rating decision from 2011 where the Department of 
Veterans Affairs (DVA) saw fit to bestow disability benefits 
upon her for the condition in question.  However, the DVA’s 
decision to do so is independent of the Air Force’s decision at 
the time of her discharge to find that her condition existed 
prior to service and was not aggravated by her military service.  
While we note the comments of the AFBCMR Medical Consultant 
indicating that he could not conclusively determine that the 
applicant’s EPTS medical condition was not permanently 
aggravated by military service, the presumption of regularity 
dictates that it is the applicant’s burden to substantiate that 
her condition was aggravated by her military service; it is not 
the government’s burden to substantiate that it was not.  
Therefore, irrespective of the DVA’s decision to bestow 
disability benefits upon the applicant, in the absence of 
evidence that the determination made by the medical 
professionals at the time of the applicant’s discharge was 
somehow erroneous, 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-2014-02367 in Executive Session on 16 Apr 15, under 
the provisions of AFI 36-2603:

	
The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-02367 was considered:

	Exhibit A.  DD Form 149, dated 28 May 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AETC/SGPA, dated 25 Jun 14.
	Exhibit D.  Memorandum, AFPC/DPSOR, dated 30 Jun 14.
	Exhibit E.  Memorandum, AFBCMR Med Conslt, dated 22 Jan 15.
	Exhibit F.  Letter, SAF/MRBR, dated 11 Feb 15.