RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01336
		INDEX CODE:  110.02
	 	COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Nov 04, 2008

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APPLICANT REQUESTS THAT:

His uncharacterized entry-level discharge be changed to an honorable medical discharge. 

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect the correct term of military service.

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APPLICANT CONTENDS THAT:

He placed his life on hold for well over a year to enter and serve the United States honorably and to the best of his abilities.

He quit his job and discontinued his studies as a full-time student to enter the Air Force.  As a result, he lost his dependent medical insurance coverage status and has been forced to borrow money to get medical treatment.  

He served over six months in the Air Force Reserves as part of the Delayed Enlistment Program and was not credited with that service even though that credit was a part of his certified enlistment agreement.  His term of service exceeded 10 months and should have afforded, at a minimum, a medical or honorable discharge.

On 10 Feb 06, and within a few days after reporting to basic training, he suffered a fainting spell and was hospitalized.  Tests revealed he had a hyperthyroid condition and he was only given medications to keep his heart rate down. In addition, he states the Air Force denied him medical treatment for a condition which he never knew existed and was not diagnosed despite two prior medical visits before basic training saying he had a clean bill of health.  

He was later told by medical professionals that hyperthyroidism could be treated and that it was not a disqualifying condition for military service; however, he could not be treated because it was considered a pre-existing condition.  If treatment was provided to him, he could not be discharged for it.  Since it was a pre-existing condition, he was placed in a medical holding status, without treatment for his hyperthyroidism, pending discharge actions. 

The conditions of the medical hold unit were substandard and he was unable to seek assistance from a civilian medical facility.  

He became very ill and suffered a complete system shut-down before treatment was provided. Due to bureaucracy, he almost died. Furthermore, with the administration of medication, he should have been returned to training instead of being discharged.  

He states, “Even Prisoner’s of War get medical care which was only given to him when his life was seriously threatened.” The lack of treatment has resulted in long-term health problems. 

He has had his thyroid treated with radioactive iodine but lab tests suggest he may have a Hepatitis condition which was not present prior to reporting to Lackland.  It is not possible at this time to ascertain what additional long-term medical problems will result from being denied medical treatment which culminated in a complete system shut down of his body. 

In support of his request, the applicant provided a copy of his DD Forms 4/1, Enlistment/Reenlistment Document – Armed Forces of the United States, medical documentation, extracts of his discharge package, a copy of his DD Form 214, results of a recent blood test, and a statement of facts giving his account of his military service and medical issues.

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

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STATEMENT OF FACTS:

The applicant entered the active duty Air Force on 7 Feb 06.  He served for a period of 3 months and 11 days.

On 11 Apr 06, the applicant’s commander notified him of pending discharge action for an erroneous enlistment.  Specifically, a medical summary dated 14 Mar 06, indicated the applicant did not meet minimum medical standards to enlist because of Graves Disease-Hyperthyroidism.

The applicant acknowledged receipt of the notification of discharge and waived his right to consult with legal counsel.  He submitted statements in his own behalf and requested a medical discharge.

On 13 Apr 06, the base legal office found the case to be legally sufficient.

On 19 May 06, the discharge authority approved the applicant’s separation and directed he be discharged with an uncharacterized entry-level separation.

The applicant  was  discharged with an entry-level separation  on 17 May 06.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of the request.  The preponderance of evidence reflects that the Physical Evaluation Division never received a referral to the Physical Evaluation Board and; therefore, could not have given the applicant a medical discharge.

The AFPC/DPPD complete evaluation is at Exhibit C.

AFPC/DPPRS recommends denial of the request.  Based on the documentation in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.

Airman are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days continuous active service.  The Department of Defense (DoD) determined that if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service.  Therefore, his uncharacterized character of service is correct and in accordance with DoD and Air Force instructions.

The AFPC/DPPRS complete evaluation is at Exhibit D.

AFPC/JA recommends denial of the request.  At the outset, the applicant’s implication that the Air Force could not administratively discharge him for Graves Disease because he was not diagnosed with this condition during his military entrance processing (MEPS) physicals is without merit.  This argument was previously raised at the U.S. Court of Claims in Taylor v. U.S. — a case with similar facts to the applicant’s—and was unsuccessful.  To the extent the MEPS doctors’ failure to diagnose the Graves Disease is somewhat tantamount to a de facto waiver of that condition—as the applicant implies—is misplaced.  The Air Force must not be bound by pre-enlistment medical examinations which do not include the extensive laboratory tests necessary to reveal whether a prospective member has a medical condition as uncommon as the applicant’s.  Instead, the Air Force remains unconstrained to determine who is fit for military service and to reject or discharge those who are not.  It is well settled that “no one has the individual right, constitutional or otherwise, to enlist in the Armed Forces, as the composition of those forces is within the purview of Congress and the Military.  It is equally established in the law that “enlisted personnel in the military service do not have a contractual right to remain in the service until the expiration of their enlistment terms.  

Because the applicant’s Graves Disease existed prior to his entry on active duty, he is ineligible to receive the medical separation that he requests from the AFBCMR.  The DoD instruction governing the administration of the Disability Evaluation System specifically directs administrative separations in cases such as the applicant’s in which a service member’s medical impairment is identified within 180 days of entry on active duty, the medical impairment does not meet accession standards, is not a condition that is cause for a referral to a PEB, and there was no service aggravation of the impairment.  

The separation authority’s action to administratively discharge the applicant from the Air Force for an erroneous enlistment under AFI 36-3208, paragraph 5.14, was therefore the proper decision.

The AFPC/JA complete evaluation is at Exhibit E. 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 14 Sep 07 for review and comment within 30 days.  As of this date, this office has not received a response.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of 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 offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2007-01336 in Executive Session on 24 October 2007, under the provisions of AFI 36-2603:

				, Panel Chair
				, Member
				, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atchs dated 19 Apr 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPD, dated 25 Jul 07.
    Exhibit D.  Memorandum, AFPC/DPPRS, dated 26 Jul 07.
    Exhibit E.  Memorandum, AFPC/JA, dated 7 Sep 07.
    Exhibit F.  Letter, SAF/MRBR, dated 14 Sep 07.

                                   
                                   Panel Chair