RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03113
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His uncharacterized character of service be changed to
honorable.
APPLICANT CONTENDS THAT:
He was discharged due to a medical injury/surgery while in Basic
Military Training (BMT). He was in good standing and had no
disciplinary actions prior to his separation.
He is concerned future employment opportunities could be
hindered by employers not knowing what an uncharacterized
discharge is.
The applicants complete submission, with attachment, is at
Exhibit A.
STATEMENT OF FACTS:
On 25 November 2013, the applicant entered the Regular Air
Force.
On 8 May 2014, the applicant was notified by his commander of
his intent to recommend he be discharged In Accordance With
(IAW) AFI 36-3208, Administrative Separation of Airmen, for
erroneous enlistment. The specific reason for the action was a
medical Narrative Summary (NARSUM) dated 29 April 2014 that
found the applicant did not meet minimum medical standards to
enlist. He should not have been allowed to join the Air Force
because of knee pain.
On 8 May 2014, the applicant acknowledged the discharge
notification and waived his right to consult counsel and submit
statements in his own behalf.
On 12 May 2014, the discharge authority approved the
recommendation that the applicant be discharged.
On 13 May 2014, the applicant was discharged with an Entry Level
Separation (ELS)/uncharacterized character of service and a
narrative reason for separation of Discharge failed
medical/physical procurement standards.
AIR FORCE EVALUATION:
AETC/SGPS recommends denial. Based on the documentation on
file, the discharge to include the type of separation,
Separation Program Designator (SPD) code, narrative reason for
separation and character of service was appropriately
administered and within the discretion of the discharge
authority.
The applicant did not provide any evidence that an error or
injustice occurred in the processing of his discharge. Review
of the records provided and medical notes from Wilford Hall
Medical Center (WHMC) from 29 April 2014 states he presented to
the Reid clinic with knee pain and this condition existed prior
to service. He stated he understood the diagnoses and treatment
plan. Subsequently, he was processed for an ELS.
A complete copy of the AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOR recommends denial. The discharge was consistent with
the procedural and substantive requirements of the discharge
instruction and was within the discretion of the discharge
authority. DPSOR did not find any evidence of any errors or
injustices in the discharge process.
The medical authorities examined the applicant and found he had
a disqualifying condition that did not meet Air Force standards
and was not permanently aggravated by training beyond the normal
progression of the ailment. It was recommended he be
administratively separated due to the fact that his knee pain
would interfere with the satisfactory completion of training or
military duty. Based on the recommendation, the commander and
the discharge authority concluded that discharge was in order.
DPSOR concurs that this was the correct decision. Therefore,
the SPD code and narrative reason for separation as reflected on
his DD Form 214, Certificate of Release or Discharge from Active
Duty, is correct.
The applicants service characterization is also correct as
reflected on his DD Form 214. Airmen are given
ELS/uncharacterized service characterization when separation is
initiated within 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. Therefore, the uncharacterized character of
service on his DD Form 214 is correct and IAW with DOD and AF
instructions.
A complete copy of the DPSOR evaluation is at Exhibit D.
The BCMR Medical Consultant recommends denial. The Medical
Consultant is sensitive to the fact that such a designation of
the applicants character of service does not afford him the
opportunity to receive certain benefits through the Department
of Veterans Affairs (DVA) and could prejudice a potential
employer. However, changing the character of service to
honorable would be an indication that his knee pain represented
a de novo permanent impairment or permanent aggravation of a
pre-existing injury. Medical officials determined that his knee
pain was the manifestation of the expected natural expression of
a pre-existing condition. Thus, absent clinical or radiographic
evidence of permanent damage to cartilage of the knee or its
supporting ligaments, the Medical Consultant agrees with the
disposition recommended by the applicants military providers.
The Medical Consultant is compelled to avoid speculation or
conjecture in making a determination in his favor and he opines
the applicant has not met the burden of proof of error or
injustice that warrants the desired change of the record.
In the case under review, the applicant apparently developed
stress fractures and was allowed to return to training after
healing. While the applicant was at greater risk for a
recurrence of the stress fractures, he developed knee pain
instead. Nevertheless, in the training environment rules are
established to preclude warehousing individuals while awaiting a
healing process to take place for a given injury. The applicant
had already been granted the rare opportunity to leave training
and go on convalescent leave to allow healing of his stress
fractures. However, upon, his return to training a completely
different medical complaint arose (knee pain), which medical
officials opined would further interfere with training for an
indeterminate period of time. Consequently he was discharged
IAW AFI 36-3208.
A complete copy of the BCMR Medical Consultants evaluation is
at Exhibit E.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 18 June 2015 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. 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 offices of primary
responsibility and adopt the rationale expressed 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-2014-03113 in Executive Session on 8 July 2015 under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-03113 was considered:
Exhibit A. DD Form 149, dated 26 July 2014, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AETC/SGPS, dated 15 May 2015.
Exhibit D. Memorandum, AFPC/DPSOR, dated 20 May 2015.
Exhibit E. Memorandum, BCMR Medical Consultant, dated
3 June 2015.
Exhibit F. Letter, SAF/MRBR, dated 18 June 2015.
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