RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02920

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His entry level separation be changed to a medical discharge.


APPLICANT CONTENDS THAT:

He was told it would be a medical discharge.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
31 Jul 12.

On 30 Aug 12, the applicant was notified by his commander of his 
intent to recommend his discharge under the provisions of AFPD 
36-32 and AFI 36-3208, Chapter 5, Section C, Defective 
Enlistments, Paragraph 5.14 under Basis for Erroneous 
Enlistment.  The reason for this action was that a medical 
narrative summary, dated 28 Aug 12, found he did not meet the 
minimum medical standards to enlist.  He should not have been 
allowed to join the Air Force because he had symptomatic 
retained hardware right ankle pain.  

On 30 Aug 12, the applicant acknowledged receipt of the action 
and waived his right to consult with legal counsel or submit 
statements on his own behalf.  

On 30 Aug 12, the applicant was discharged with an entry level 
separation (uncharacterized), and was credited with one month 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 Exhibits 
C and D.    

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial indicating there is no evidence of 
an error or an injustice.  The applicant’s commander received a 
medical narrative summary that found the applicant ineligible to 
meet the minimum medical standards to enlist in the United 
States Air Force.  The medical authorities concluded the 
applicant had a pre-existing medical condition that would have 
precluded him from enlisting in the Air Force had this condition 
been made known in advance.  Both the commander and the 
discharge authority correctly concluded that discharge was in 
order.  The applicant’s service characterization is correct as 
reflected on his DD Form 214, Certificate of Release or 
Discharge from Active Duty.  Airmen are given an entry-level 
separation with uncharacterized service 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 service, it would be unfair to the 
member and the service to characterize their limited service.  

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

AFBCMR Medical Consultant recommends denial indicating there is 
no evidence of an error or an injustice.  The applicant’s Basic 
Training Record, dated 13 Aug 12, indicates that he was “unable 
to complete the 2nd week of Physical Training due to a medical 
appointment.”  A recommendation was made to place him on Medical 
Hold on 20 Aug 12 following which he was referred to the 324th 
Training Operations Flight “to await further medical 
evaluation.”  A copy of the applicant’s Report of Medical 
History, completed by him, and the Report of Medical 
Examination, completed by the examining physician on 24 May 12 
indicates the applicant had undergone surgery for an “instable 
right ankle” in 2002 “with hardware” placed, that he was 
“asymptomatic” at the time of examination, but that he “will 
still need a waiver.”  On 7 Jun 02, the AFRC Command Surgeon 
found the applicant medically qualified for general service 
“with a waiver for ORIF [open reduction internal fixation] right 
ankle.”  A Chronological Record of Medical Care [overprint 
Standard Form 600], dated 27 Aug 12, and used to process 
individuals for an administrative separation in lieu of an 
medical evaluation board (MEB), in accordance with AFI 36-3208, 
indicated that the applicant presented with “symptomatic 
retained hardware; right ankle pain.”  The provider noted that 
the applicant disclosed the ankle surgery at his Military 
Entrance Processing Station examination, but stated he had to 
“push himself harder physically in Basic Military Training (BMT) 
versus pre-BMT.”  The provider also documented the applicant’s 
report that he “began to experience right ankle pain while 
running in week of training (WOT) 2 that interfered with 
training.”  The provider also noted the “ankle is now back to 
pre-BMT state without pain.”  The provider made it clear that 
this was not a fraudulent enlistment.  

Service members who enter the military with a medical waiver, 
provided no aggravation has occurred, may be separated without 
physical disability evaluation when the responsible medical 
authority designated by Service regulations determines within 
180 days of the member’s entry into active service that the 
waivered condition represents a risk to the member or prejudices 
the best interest of the Government.  Once 180 days have elapsed 
or the condition is one which causes referral into the 
Disability Evaluation System (DES), the member shall be referred 
for physical disability evaluation, if otherwise qualified.  
DoDI 1332.18, Disability Evaluation System, published 5 Aug 14, 
under Evidentiary Standards for Determining Compensability of 
Unfitting Conditions, paragraph f, Medical Waivers, which reads:  
“Service members who entered the Military Service with a medical 
waiver for a preexisting condition and are subsequently 
determined unfit for the condition will not be entitled to 
disability separation or retired pay unless: the Military 
Service permanently aggravated the condition or hastened the 
condition’s rate of natural progression or the member will have 
served eight years of active service at the time of separation.  

The applicant’s previously unstable right ankle, what has 
returned to his “pre-BMT state without pain,” was treated with 
open reduction and internal [hardware] fixation in 2002, has not 
been proven permanently aggravated nor its natural progression 
hastened through military service.  The Military Department 
acted within its established policies to discharge the applicant 
with an entry level separation with uncharacterized service, and 
without referral to the DES.  

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


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 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 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 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-2014-02920 in Executive Session on 16 Apr 15, under 
the provisions of AFI 36-2603:


The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-02920 was considered:

	Exhibit A.  DD Form 149, dated 14 Jul 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 4.
	Exhibit D.  Memorandum, AFBCMR Medical Consultant, 
                 dated 9 Feb 15.
	Exhibit E.  Letter, SAF/MRBR, dated 11 Feb 15.