RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02773 INDEX CODE:	110.02
COUNSEL:	NONE HEARING DESIRED: YES

APPLICANT REQUESTS THAT:
Her Narrative Reason for Separation "Erroneous Entry" be changed.

APPLICANT CONTENDS THAT:
There was no medical evidence of a prognosis of symptomatic anemia prior to her enlisting in the Air Force. The blood work that was done at the Military Entrance Processing Station (MEPS) and in Basic Military Training (BMT) did not show she had symptomatic anemia.

In support of her request, applicant provided a copy of her DD Form 214, Certificate of Release or Discharge from Active Duty and documents extracted from her civilian medical records.

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

STATEMENT OF FACTS:
On 18 Jan 05, the applicant contracted her initial enlistment in the Regular Air Force.

On 17 Aug 05, her commander notified her that he was recommending her discharge from the Air Force for erroneous enlistment. The specific reason for the discharge action was the Chronological Record of Medical Care form dated, 28 Jun 05, that stated she was diagnosed with symptomatic anemia; a condition that existed prior to service and had not been permanently aggravated by service.

Her commander advised her of her rights in this matter.
On 18 Aug 05, she acknowledged receipt of the notification of discharge and after consulting with legal counsel waived her right to submit statements in her own behalf.

On 26 Aug 05, she was evaluated by the Trainee Health Flight and she was determined to have symptomatic anemia.  She acknowledged

the evaluation and waived her right to initiate a Medical Evaluation Board (MEB).

On 9 Sep 05, the legal office reviewed the case and found it legally sufficient to support separation and recommended separation with an honorable discharge without probation and rehabilitation.

On 14 Sep 05, the discharge authority directed discharge with an honorable discharge without probation and rehabilitation.

She was honorably discharged on 22 Sep 05, under the provisions of AFI 36-3208 (Erroneous Entry (other)), Separation Code "JFC," and issued an RE code of 2C. She served eight months and five days on active duty.

AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states there was no evidence to indicate she would have required an MEB for her condition to be referred into the Disability Evaluation System (DES).

The AFPC/DPSD complete evaluation is at Exhibit C.
AFPC/DPSOS states the applicant's petition has merit. Although her condition may have existed prior to entering active duty no evidence was revealed in her enlistment documents that the condition existed prior to her entering active duty. The DES has the authority to determine if the condition existed prior to service (EPTS) and whether the condition was further aggravated by active duty. The MEB or the Physical Evaluation Board would make the decision as to whether the applicant would have been medically separated, or returned to duty for further processing for an administrative separation. If it is determined the applicant should have been afforded an MEB, DPSOS recommends her narrative reason for separation be changed to reflect Secretarial Authority, her separation code be changed to reflect KFF, and her reentry code be changed to 3K. However, if proper authority determines the applicant's medical condition did not warrant a review by the MEB, they recommend denial.

The AFPC/DPSOS complete evaluation is at Exhibit D.
AFPC/DPAMM states they cannot make a determination on her reentry code. DPAMM further states the applicant should have been on profile and not have been processed for separation until her status in the DES was resolved.

The AFPC/DPAMM complete evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 19 Jun 09 for review and comment within 30 days. As of this date, no response has been received by this office.

AFBCMR'S MEDICAL CONSULTANT EVALUATION:
The Medical Consultant recommends the narrative reason for separation be changed to Secretarial Authority, with no change in the RE code. The Medical Consultant opines that her medical condition (iron deficiency anemia) existed prior to service. Had an MEB been properly conducted and her case referred to the Informal Physical Evaluation Board (IPEB), she more likely than not would have been found unfit and honorably discharged without compensation, under other than Chapter 61, Title 10, United States Code, for an EPTS medical disorder. At the same time, the Medical Consultant agrees that the IPEB could have returned her to duty, rendering her again eligible for separation as an Erroneous Entry. The Medical Consultant also agrees with the legal analysis that had the Air Force been made aware of her medical condition prior to her entry on active military service, she more likely than not, would not have been accepted into active military service; unless a waiver was approved for entry. The record reflects that she was offered this option as a possible remedy for her continued military service, but declined. In conclusion, although her entry level separation (ELS) might have been the ultimate outcome of her case (if returned to duty by the IPEB), the Medical Consultant believes that she would NOT have been returned to duty in view of her poor response to treatment and would likely have been medically discharged. With respect to her RE code, the Medical Consultant does not recommend a change. However, the Medical Consultant is aware that iron deficiency anemia is a treatable disorder and need not render a service member forever unfit for military service, if treated and resolved or brought under reasonable control. Thus, she is free to submit additional evidence of her recovery or the successful treatment of her condition for a reconsideration of a change in her RE code.

The Medical Consultant's complete evaluation is at Exhibit G.

APPLICANT'S REVIEW OF THE AFBCMR MEDICAL CONSULTANT'S EVALUATION:
A copy of the Medical Consultant's evaluation was forwarded to the	applicant	on	8	Jul	09	and	for	review	and	comment	within

30 days.	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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. After reviewing the evidence of record and noting the differing opinions of the Air Force offices of primary responsibility and the AFBCMR Medical Consultant, we concur with the opinion rendered by AFPC/DPSOS, that the applicant's medical condition warranted a review under the medical evaluation system. We believe had the applicant been evaluated under the medical evaluation system; the MEB or PEB would have made a determination as to whether she should have been medically discharged, returned to duty or administratively discharged. Therefore, in view of the totality of the circumstances presented we recommend the applicant's records be corrected to the ext ent   i ndi cat ed  bel ow.

4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 22 September 2005, she was discharged under the provisions of AFI 36-3208, paragraph 1-2, (Secretarial Authority) with Separation Program Designator (SPD) Code of KFF, and was issued a Reentry Code of “3K.”

The following members of the Board considered AFBCMR Docket Number BC-2008-02773 in Executive Session on 13 Aug 09 under the provisions of AFI 36-2603:

Panel Chair 
Member
Member

All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-02773 was considered:

Exhibit A. DD Form 149, dated 10 Jul 08, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C.  Letter, AFPC/DPSD, dated 9 Jan 09.
Exhibit D.	Letter, AFPC/DPSOS, dated 19 Mar 08 [sic]. Exhibit E.	Letter, AFPC/DPAMM, dated 16 Apr 09.
Exhibit F.  Letter, SAF/MRBR, dated 19 Jun 09.
Exhibit G.  Let t er ,   AFBCMR Medi cal   Cons ul t ant ,   dat ed  6  Jul   09.
Exhibit H.  Letter, SAF/MRBR, dated 8 Jul 09.