RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03738
		INDEX CODE:  100.00; 110.02
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

	1)  Blocks 4a and 4b on his DD Form 214, Certificate of Release or Discharge from Active Duty be corrected to read A1C and E3 - (Administratively Corrected).

	2)  He be medically discharged from active duty.

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APPLICANT CONTENDS THAT:

He was on active duty for six months and had medical conditions from military service that were a direct reason for his inability to perform his duties.  His injuries were service-connected.

In support of the application, the applicant submits his DD Form 214 and Department of Veterans Affairs (DVA) rating letter.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 Jun 07.  He was progressively promoted to the grade of airman first class effective and with a date of rank of 5 Jun 07.  On 29 Nov 07, his commander notified him that he was recommending his discharge from the service for unsatisfactory entry level performance or conduct.  His reasons were the applicant's failure to make satisfactory progress in a required training program.  Specifically, he failed the Block 1, Unit 9, Test “a” once, and the Block II, Unit Test “a,” twice with scores of 40 percent, 68 percent and 64 percent, respectively.  Minimum passing score is 72 percent.  Applicant acknowledged his right to counsel; however, he declined to submit a statement on his behalf.  A review of the case by the Judge Advocate General was found legally sufficient.  Applicant was discharged on 12 Dec 07, under the provisions of AFI 36-3208, para 5.22, with an entry-level separation.  He had served six months and eight days on active duty.

On 17 Jun 09, a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, changing the applicant’s grade from airman basic to airman first class and his rank from E1 to E3, as requested above, was issued and placed in his military records.

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BCMR MEDICAL CONSULTANT’S EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request for a Medical Discharge under honorable conditions.  

The applicant’s notification letter indicates that prior to his disenrollment he was counseled concerning his academic deficiencies and received 12 hours of special individualized assistance.  Each of two instances of failure came with a letter of counseling, for which the applicant acknowledged but elected not to offer a response.  He also received two additional letters of counseling which was descriptive of his “disruptive” behavior and “lackadaisical manner” and the other was descriptive of his “inability to stay awake during lessons.”  The applicant attributed his inattentiveness to his medical problems and prescribed pain medications.  He was witnessed as stating “he was tired of the Air Force and wanted to go home.”  

Entry-level separations are authorized when, within the first six months of military service, a service member has demonstrated an inability to meet his or her academic requirements or has demonstrated an inability to meet or adjust to the physical or mental demands of the military environment.  The service is uncharacterized because the Department of Defense determined that it would be unfair to characterize a member’s service for such a short duration of military service.  The applicant was discharged only on week past the six month point; however, his notification was within 180 days of his entry to military service.

While the DVA has found his medical conditions to be service-connected, there is no evidence that either condition was or should have alternatively been the cause for separation or referral for a Medical Evaluation Board.  The Military Disability Evaluation System is chartered to maintain a fit and vital fighting force and compensable service member’s for the medical condition(s) that is (are) the cause for career termination; and then only to the degree of impairment present at the time of separation.

The DVA, however, operates under a different set of laws and is chartered to provide lifelong support to all eligible veterans and is authorized to offer compensation for any medical condition determined service connected without regard to its demonstrated impact upon a service member’s duty capabilities or retainability.  

The Medical Consultant opines the applicant has not met the burden of proof of an error or injustice that warrants a change of the current record.

The complete BCMR Medical Consultant’s evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the BCMR Medical Consultant’s evaluation was forwarded to the applicant on 14 Aug 09 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).

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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 regarding the applicant’s request for a medical discharge.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his rationale as the basis for the 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 this application in Executive Session on 22 September 2009, under the provisions of AFI 36-2603:

	Panel Chair
	Member
Member

The following documentary evidence was considered in AFBCMR BC-2008-03738:

	Exhibit A.  DD Form 149, dated 8 Oct 08, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, BCMR Medical Consultant, dated 10 Aug 09.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Aug 09.