RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04874 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Separation Code of JFC (Erroneous Enlistment) and Narrative Reason for Separation of Erroneous Entry (Other) be removed from his DD Form 214, Certificate of Release or Discharge from Active Duty. ________________________________________________________________ APPLICANT CONTENDS THAT: When he entered the military he did not know he had scoliosis (curvature of the spine). Had he known, it could have been waived because the Air Force grants waivers for up to 30 degrees of curvature. He was released from the Pararescue Program because of a broken leg (stress fracture in his left tibia). The broken leg was the reason for his separation. There was no erroneous enlistment for scoliosis. In support of his request, the applicant provides an expanded statement, a copy of his DD Form 214, discharge paperwork and excerpts from his medical records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty on 13 Nov 07. On 6 May 08, his commander notified the applicant that he was recommending him for discharge for entry level separation (Erroneous Enlistment). The commander cited a medical narrative summary, dated 25 Apr 08, which found the applicant did not meet minimum medical standards to enlist. The applicant acknowledged receipt, waived his right to consult with counsel and to submit statements in his own behalf. The legal office reviewed the case file and found it legally sufficient, and the discharge authority directed the applicant be furnished an entry-level separation with uncharacterized service. On 12 May 08, the applicant was furnished an entry-level separation with uncharacterized service with the reason for separation of “Erroneous Enlistment (Other),” and was credited with six months of active service. On 30 Aug 10, the applicant was examined by a military physician, and determined to be medically qualified for entry into the service. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of responsibility which are included at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial indicating there is no evidence of an error or injustice. The applicant was eliminated from training due to a physical injury (stress fracture) with long- term recovery, training restrictions, and unknown outcome. The applicant should not have been allowed to join the Air Force because of scoliosis. At the time of separation, it was done in accordance with established policy and administrative procedures. His conditions rendered him unsuitable to continue military service. The applicant did not submit any evidence or identify any injustices that occurred in the discharge process. A complete copy of the AFPC/DPSOS evaluation is at Exhibit C. AETC/SGPS finds the separation, although possibly done for the wrong reason, was done in accordance with established policy and administrative procedures. The applicant requests his Separation Code be changed as he was unaware of his scoliosis prior to his enlistment in the Air Force. On 4 Apr 08, he was diagnosed with scoliosis of the thoracic spine of 28 degrees and the lumbar spine of 19 degrees. Neither of these conditions are disqualifying for special duty, but it appears that is what he was separated for. He also had a stress fracture in his left tibia, and could not continue the strenuous physical training required for special duty. The policy is that once his stress fracture healed and he was released for full unrestricted activities he should have been allowed to re-enter military service, with no waiver required. His file should be corrected to reflect the diagnosis of a left tibia stress fracture which forced his removal from training and disqualification from military service until it was healed. If he has remained asymptomatic he would now meet enlistment criteria. A complete copy of the AETC/SGPS evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 11 Apr 12 for review and comment within 30 days. As of this date, no response has been received by this office (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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant is requesting his Separation Code of JFC (Erroneous Enlistment) and Narrative Reason for Separation of Erroneous Entry be changed on his DD214. The Board finds that while the applicant did have scoliosis of the spine, his condition was within acceptable limits for military service. In fact, the physician for the Military Entrance Processing Station (MEPS) identified and documented the applicant’s mild scoliosis on his DD Form 2808, Report of Medical Examination, dated 6 Jun 2007, and cleared him for entry into the Air Force, clearly establishing that there was no erroneous entry. Therefore, in our view, the applicant’s separation under Air Force Instruction 36-3208, Administrative Separation of Airmen, for Erroneous Enlistment was erroneous. While it appears the applicant could not continue his training for the Pararescue career field because he suffered a stress fracture in his left tibia, once the injury had healed he should have been allowed to re-enter military service without requiring a waiver. Furthermore, we note the applicant was subsequently reevaluated by a military physician and determined to be physically qualified for military duty, as documented on DD Form 2807-1, Report of Medical History, dated 30 Aug 10. While we note the advisories from AFPC/DPSOS and AETC/SPGS, which do not support changing the applicant’s DD214, we believe the evidence provided clearly established an error which warrants corrective action. Therefore, we recommend the record be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was issued a separation program designator (SPD) code of “JFF,” a re-entry (RE) code of “3K,” and a narrative reason for separation of “Secretarial Authority” in conjunction with his 12 May 2008 entry-level separation with uncharacterized service. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04874 in Executive Session on 28 Aug 12, 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 30 Sep 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 13 Feb 12. Exhibit D. Letter, AETC/SGPS, dated 28 Feb 12. Exhibit E. Letter, SAF/MRBR, dated 11 Apr 12.