RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01198
		INDEX CODE:  110.00, 112.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 OCT 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  Her character of service be changed from uncharacterized to an honorable discharge.

2.  Her reenlistment eligibility (RE) code of 4C (separated for concealment of juvenile records, minority, failure to meet physical standards for enlistment, failure to attain a 9.0 reading grade level as measured by the Air Force Reading Abilities Test (AFRAT), or void enlistments) be changed.

3.  Her separation code of JFW (failed medical/physical procurement standards) be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was discharged from the Air Force for having hardware in both feet.  She believes this is unjust because she did not lie or try to hide any medical issue.  She desires to reenlist in the service.

In support of her request, the applicant provided a personal statement and documentation extracted from her military personnel record and medical record.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 18 April 2005 the applicant entered active duty.

A DD Form 2807-1, Report of Medical History, dated 5 November 2004, reflects the applicant indicated “yes” that she has had foot trouble (e.g., pain, corns, bunions, etc.); any knee or foot surgery including arthroscopy of the use of a scope to any bone or joint; bone, joint, or other deformity.  She stated that she has had bunions on both feet.

On 28 April 2005, applicant was notified by her commander of his intent to recommend that she be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208, chapter 5, section C, paragraph 5.14.  The specific reason for this action was a medical narrative summary dated 22 April 2005 that found the applicant did not meet minimum medical standards to enlist.  She was advised of her rights in this matter and acknowledged receipt of the notification on that same date.  The applicant waived her right to consult counsel and elected not to submit statements on her own behalf.  In a legal review of the case file, the deputy chief, adverse actions found the case legally sufficient and recommended that she be separated.  On 3 May 2005, the discharge authority concurred with the recommendations and directed that she be discharged with an entry-level separation.  Applicant was separated on 6 May 2005.  She served 19 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AETC/SGPS recommends the applicant’s separation code, RE code, and narrative reason be amended to reflect her eligibility to reenter military service, provided that she has remained asymptomatic and can fully participate in full unrestricted physical activities.  SGPS states the applicant did disclose her history of bilateral foot problems, and the surgery performed four years earlier to correct the defects on her 5 November 2004 entry examination.  The only documentation included with her case that indicates she was having any problem in basic training was a WHMC Form 3530, Training Temporary Duty Restriction Form, dated 22 April 2005, noting limitations on her physical activities, and an overprint Standard Form 600, Chronological Record of Medical Care, dated 22 April 2005, recommending she be separated from military service.  There were no other medical or diagnostic evaluations that supported the reason for her physical limitations, no treatment records, X-Rays, orthopedic, or podiatry evaluations to support the medical separation.

The SGPS complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 September 2007, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  As of this date, this office has received no response.

_________________________________________________________________

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 an error or injustice.  In this respect, after a thorough review of the evidence of record, it is clear that the applicant disclosed her history of bilateral foot problems and surgery at the time of her enlistment.  While she may have had limitations on physical activities while in basic training, there appears to have been no valid basis to initiate administrative discharge action against her.  Finding no plausible reason why she should have been discharged, it appears the actions taken were erroneous and unjust and we believe she should be provided an opportunity to apply for re-entry into the military.  She requests her uncharacterized service be changed to reflect she received an honorable discharge.  We understand that her service was uncharacterized simply because of the brief period of time she was able to serve.  However, in view of the fact that she was unjustly denied an opportunity to continue serving coupled with our inability to find any evidence of misconduct during her brief period of service, we believe the characterization of her service should be changed to honorable.  Accordingly, we recommend her records be corrected to the extent indicated below.  Whether or not she is successful in her attempt to re-enter the military will depend on the needs of the service and our recommendation in no way guarantees that she will be allowed to return to the Air Force or any other branch of service.  

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 6 May 2005, she was honorably discharged under the provision of AFI 36-3208, paragraph 1.2., Secretarial Authority, and issued a Separation Program Designator code of “JFF” and Reenlistment Eligibility code of “3K.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2007-01198 in Executive Session on 30 October 2007, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, date 11 April 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AETC/SGPS, dated 28 August 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 21 September 2007.

				XXXXXXXXXX
								Panel Chair