RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03124 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His uncharacterized entry-level separation be changed to a general discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: He did not lie on his application since prior to entering the Air Force, he did not have Guillain-Barre Syndrome. In support of his request, the applicant provides copies of documents extracted from his military personnel records and a letter from the Medical Director, Trainee Health Flight. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 15 Oct 02, the applicant contracted his enlistment in the Regular Air Force. On 23 Jan 03, the applicant’s commander notified him that he was recommending his discharge from the Air Force for Erroneous Enlistment. The specific reason for the discharge action was the applicant failed to meet the minimum medical standards for enlistment based on a medical narrative summary dated 14 Jan 03, reflecting the diagnosis of Guillain-Barre Syndrome. The commander advised him of his rights and on 23 Jan 03, he acknowledged receipt of the notification of discharge and, after consulting with legal counsel, waived his right to submit a statement in his own behalf. The legal office reviewed the case, found it legally sufficient to support separation, and recommended separation with an entry- level separation. On 31 Jan 03, the discharge authority directed the applicant’s discharge with an entry-level separation. He was discharged on 4 Feb 03. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS notes the letter dated 13 Mar 03 from the Medical Director, Trainee Health Flight stating the applicant’s separation from the Air Force was not an erroneous enlistment and that he contracted Guillain-Barre Syndrome while in basic training; however, he did not provide any evidence of how the applicant contracted the disease. DPSOS further notes the applicant’s medical records support the medical condition existed prior to his enlisting in the Air Force. The applicant should not have been allowed to join the Air Force due to his medical condition. Had the Air Force known of this condition at the time of his enlistment, he would not have been allowed to enter military service. Although, the applicant states he did not have Guillain-Barre Syndrome prior to enlisting in the Air Force, his medical condition does not meet assessment standards. Although the only documentation in the applicant’s records that supports the condition existed prior to his enlistment is the medical narrative, absent the documentation, there is a presumption of regularity in which he was afforded due process and the discharge was consistent with procedural and substantive requirements of the discharge regulation. Airmen are given an entry-level separation with uncharacterized service characterization when separation is initiated with the first 180 days of continuous active service. It was determined by the Department of Defense (DOD) that if a member served less than 180 days of continuous active service, it would be unfair to the member and the service to characterize their limited service. The complete AFPC/DPSOS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He was recently awarded a 10 percent disability rating for his service-connected medical condition from the Department of Veterans Affairs (DVA). The medical note from the applicant’s physician indicates the applicant’s medical condition may have been related to a flu shot. The applicant’s complete submission, with attachments, is at Exhibit E. _________________________________________________________________ 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. After thoroughly reviewing the evidence of record and the documentation submitted by the applicant, to include the statement from the Medical Director, Trainee Health Flight, indicating he may have contacted Guillain-Barre Syndrome while in basis training as a result of a flu shot, we are not persuaded that he has met his burden of establishing the existence of an error or an injustice with respect to the uncharacterized discharge he received. In this respect, we note that although the only documentation in the applicant’s records that supports the condition existed prior to service is the medical narrative, dated 13 Mar 03, in the absence of evidence to the contrary, there is a presumption of regularity in the operation of governmental affairs in which it is assumed that all action taken was appropriate and consistent with procedural and substantive requirements of the discharge regulation. In the applicant’s case, there is no indication he was denied any rights to which entitled. To the contrary, the evidence of record indicates upon becoming aware the applicant had a medical condition which, if known at the time of his accession, would have precluded his enlistment, the commander advised him of his rights and after consulting with legal counsel, the applicant waived his right to submit a statement in his own behalf. In view of the above and noting DoD policy to not characterize a member’s service if less than six months of service, we do not find it appropriate to characterize his 3 months and 20 days of active service. 4. Notwithstanding the above, we do believe some form of relief is appropriate since the applicant was diagnosed with Guillain- Barre Syndrome shortly after entering military service. In this respect, we note that although we did not find the letter provided by the Medical Director, Trainee Health Flight, sufficient to support characterizing the applicant’s limited period of service, we do believe it supports a change in the applicant’s narrative reason for separation. *****In this respect, we believe that, Secretarial Authority, more accurately reflects the circumstances surrounding his discharge and recommend his 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 he was discharged on 4 February 2003 with a narrative reason for separation of "Secretarial Authority" rather than "Failed Medical/Physical Procurement Standards." _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-03124 in Executive Session on 26 Jul 11, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSOS, dated 11 Apr 11. Exhibit D. Letter, HQ SAF/MRBR, dated 14 Jun 11. Exhibit E. Letter, Applicant, dated 5 Jul 11.