RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00169 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her uncharacterized, entry-level separation be changed to reflect a medical discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: When she enlisted in the Air Force, she was perfectly healthy. An injustice occurred on the medical and administrative side when she was discharged. Her ability to serve was impaired because of stress fractures in her knees and ankles while in basic training. Her uncharacterized discharge will not allow her to receive benefits from the Department of Veterans Affairs (DVA). In support of her request, the applicant provides a personal statement, copies of her discharge package, her medical records, and her DVA Statement in Support of Claim. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 17 March 1999. On 5 April 1999, medical officials made a recommendation to the applicant’s commander to separate her for an “Existing Prior to Enlistment” (EPTE) diagnosis of stress fractures bilateral tibias Class A. On 14 April 1999, the applicant was notified by her commander that he was recommending her discharge from the Air Force for entry—level separation under the provisions of AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation Of Airmen, for Erroneous Enlistment. The reason for the proposed discharge was that she failed to meet minimum medical standards to enlist due to stress fractures bilateral tibias Class A. The applicant was afforded military legal counsel and she waived her right to submit statements in her behalf. The base legal office reviewed the case, found it legally sufficient to support separation, and recommended the applicant be separated from the service with an entry-level separation. The discharge authority approved the separation and directed the applicant be separated with an uncharacterized entry-level separation. On 19 April 1999, the applicant was discharged for Erroneous Enlistment, with an uncharacterized entry-level separation. She served five months of active military service. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C, and D. _________________________________________________________________ AIR FORCE EVALUATION: AFTC/SGPS recommends denial. SGPS states the separation was done in accordance with established policy and administrative procedures. The complete SGPS evaluation is at Exhibit C. The BCMR Medical Consultant recommends approval. The Medical Consultant recommends granting the applicant relief by changing the reason for separation to a medical (disability) discharge, with severance pay, with a 20% disability rating for bilateral tibial stress fractures, under the Veterans Administration Schedule for Rating Disabilities (VASRD) analogous code 5299- 5259; and a change of her uncharacterized service to an honorable character of service. The Medical Consultant also noted the applicant’s physician expressed that she should have been paid in her grade until the problem was completely resolved and she was discharged from the Military. It is important to note that the evaluating physician, and the Medical Consultant, found that it has never been established if all the pain was caused by the stress fractures. The Medical Consultant is of the opinion that the Air Force followed what it believed to be an appropriate use of established policies for the separation of members, who within the first 180 days of service, demonstrate the inability to complete Basic Military Training. Unless warranting a referral through the Disability Evaluation System for completion of a Medical Evaluation Board (MEB) and subsequent fitness and rating determination by a Physical Evaluation Board (PEB), or other basis for discharge, then a service member is released as an entry-level separation, with an "uncharacterized' character of service. The definition of entry-level separation appears in AFI 36-3208, states this type of separation is given only when the person is in his or her first 180 days of continuous active military service or the first 180 days of continuous active military service after a break of more than 92 days of active service. This discharge does not attempt to characterize the type of service as either good or bad. It is not the only type of separation authorized during the first 180 days of military service, as it is possible for a person to receive either an honorable or an under other than honorable conditions discharge as well. The complete Medical Consultant evaluation, with attachments, is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states the information in the AETC/SGPS advisory is incorrect. She is appealing the entry-level separation discharge because she was not allowed to recycle or appear before a Medical Review Board to determine her stability to remain in training or receive a medical discharge. The applicant’s complete response is at Exhibit F. _________________________________________________________________ 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 injustice warranting corrective action. In this regard, after our review of the evidence before us and noting in particular the evaluation prepared by the BCMR Medical Consultant, it appears that during the time period in question, the applicant should have been referred to a Physical Evaluation Board to determine if she was fit for further military service. As such, we concur with the recommendation of the BCMR Medical Consultant and recommend the applicant’s records be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. On 1 April 1999, she was found unfit to perform the duties of her office, rank, grade or rating by reason of a physical disability; that the diagnosis in her case was bilateral tibial stress fractures, under the Veterans Administration Schedule for Rating Disabilities (VASRD) Code 5299-5259, rated at 20 percent. b. She was honorably discharged on 19 April 1999, under the provisions of AFR 35-4, by reason of a physical disability, with entitlement to disability severance pay. _________________________________________________________________ The following members of the Board considered Docket Number BC-2010-00169 in Executive Session on 28 October 2010, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Dec 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 26 May 10. Exhibit D. Letter, BCMR Medical Consultant, dated 8 Sep 10. Exhibit E. Letter, SAF/MRBR, dated 10 Sep 10. Exhibit F. Letter, Applicant, dated 11 Jul 10. Panel Chair