RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01155

		COUNSEL:  No

		HEARING DESIRED:  No
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APPLICANT REQUESTS THAT:

His character of service, separation authority, separation code JFC, narrative reason for separation and reenlistment eligibility (RE) 2C code be changed so that he may pursue a career in the military.

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APPLICANT CONTENDS THAT:

He has found out that the RE code means that he is not eligible to reenlist in the military.  He was lead to believe that once his knee was better he could reenlist.  He does not have a degenerative joint disease therefore he did not give erroneous information when he enlisted into the Air Force.  He waited six months and then went to the Jacksonville Orthopedic Institute and was seen by XXXXXXX.  XXXXXXX completed a physical examination and x-ray studies.  He found no knee damage and his impression was a normal orthopedic exam.  If there was other information that caused the Reentry Code and Narrative Reason for Separation-he did not give erroneous information when he enlisted.  

In support of his appeal, he submits AETC Form 125A, Record of Administrative Training, a personal letter, an orthopedic medical evaluation from his doctor and DD Form 214, Certificate of Release or Discharge from Active Duty.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 1 April 2001 for a period of 4 years.  He completed basic military training but in his application reports that he experienced knee pain during the fourth week of basic training due to an injury and was on medical hold for a week prior to resuming and completing basic training May 24, 2002.  He began Security Forces training but because of persistent pain was unable to participate in training.  He was separated from the Air Force on 15 August 2001 under the provisions of AFI 36-3208, Administrative Separation of Airmen (erroneous entry) with an uncharacterized entry-level separation due to an existing prior to service degenerative joint disease of the left knee not aggravated by service  He served 4 months and 15 days of total active military duty. 

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AIR FORCE EVALUATION:

BCMR Medical Consultant is of the opinion that the no change in the records is warranted.  The applicant experienced progressive left knee pain during training that prevented him from participating in Security Forces training despite several weeks of appropriate therapy with rest, medication and physical therapy.  His clinical diagnosis was patellofemoral pain syndrome, a common condition that can be due to predisposing factors in the knee that can (but not in all cases) include degenerative processes of the joint or abnormal tracking of the knee cap (patella).  The knee may be previously asymptomatic or only mildly symptomatic but the rigors of military training will temporarily aggravate the condition.  In the absence of significant predisposing factors the condition typically responds to rest and physical therapy.  The applicant’s pain did not respond to therapy after several weeks (May 29 to July 9) and rendered him unfit for continued military service.  Evidence in the records indicates that the applicant had experienced mild symptoms prior to service.  The condition was formally diagnosed as mild degenerative joint disease based on the official radiology report, however both the Air Force orthopedic surgeon and the civilian orthopedic surgeon did not reach that same conclusion.  Whether or not mild degenerative joint disease is present, the applicant demonstrated duty limiting symptoms of knee pain that rendered him unfit for continued duty.  Following separation from the Air Force, his orthopedic evaluation was normal confirming the lack of service aggravation.  The fact that he is doing well now does not predict that he will not again experience duty limiting knee pain when exposed to the rigors of military training. Past experience with patellofemoral pain syndrome refractory to medication, rest and physical therapy is predictive of a greater risk for recurrence.  

Erroneous enlistment would not have occurred had the relevant facts been known by the Air Force and it was not the result of fraudulent conduct on the part of the member.  The Air Force based this on the reported presence of degenerative changes on x-ray (unknown to the Air Force or the applicant prior to entry) that could not have developed in the short time while on active duty and the applicant report of mild symptoms prior to service (medical record entry dated June 24, 2002).  Based on review of the record, there is no evidence that the applicant concealed any information regarding his knees at the time of his enlistment medical examination.  Had the Air Force known that there was a high likelihood for the development of disqualifying knee pain (regardless of cause), the applicant would not have been inducted, however the reason for discharge of failed medical/physical procurement standards may be considered as appropriate alternative.  

Action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.  

BCMR Medical Consultant complete evaluation is at Exhibit C.

AFPC/DPPRSP stated that based on the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of AFI 36-3208, the discharge regulation for enlisted members.  Additionally, the discharge was within sound discretion of the discharge authority.  Airmen are given entry-level separation/uncharacterized service characterization 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 continuous service, it would be unfair to the member and the service to characterize their limited service.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge process.  They concur with the BCMR Medical Consultant and recommend no change in his discharge.  

AFPC/DPPRSP complete evaluation is at Exhibit D.

AFPC/DPPAE stated that the RE code of 2C, "Involuntarily separated with an honorable discharge; or entry level separation without characterization of service" is correct.   On 15 April 2002, the applicant was involuntarily discharged with his character of service listed as uncharacterized. No evidence was presented to support changing the RE code.  Waivers of RE codes for enlistment are considered and approval based on the needs of the respective military service and recruiting initiatives at the time of the enlistment inquiry.

AFPC/DPPAE complete evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 24 November 2003, for review and comment within 30 days.  As of this date, no response has been received by this office

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of injustice.  While the RE code assigned to the applicant, at the time was technically correct and in accordance with the applicable instructions, we believe it would be an injustice for him to continue to suffer its effects in the way of enlistment opportunities in the armed forces.  It appears that his physical ability to progress in his security police training was affected in part by a medical condition, which we note no longer exists.  We note also that he wishes to continue to pursue a career in the military and in view of the totality of the circumstances present in this case, we believe that he should be given the opportunity to apply for enlistment.  Whether or not he is successful will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to any branch of the service.  Therefore, the reason for his separation should be changed to Secretarial Authority and his RE code of 2C should be changed to 3K, a code that can be waived for prior service enlistment consideration.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 15 August 2002, he was separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) with a separation code of JFF and a reenlistment eligibility (RE) code of 3K.

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The following members of the Board considered Docket Number BC-2003-01155 in Executive Session on 8 January 2004, under the provisions of AFI 36‑2603:
All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 19 March 2002, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, 28 Jul 03.
     Exhibit D.  Letter, AFPC/DPPRS, dated 20 Aug 03.
     Exhibit E.  Letter, AFPC/DPPAE, dated 28 Oct 03.
     Exhibit F.  Letter, SAF/MRBR, dated 24 Nov 03.

                                  Chair

AFBCMR BC-2003-01155

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 15 August 2002, he was separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) with a separation code of JFF and a reenlistment eligibility (RE) code of 3K.

                                                                            Director
                                                                            Air Force Review Boards Agency