RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02165 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her Entry Level Separation (ELS) with uncharacterized service for Erroneous Entry be upgraded to an Honorable discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: She was told when she was in the hospital at Tech School for her knee injury there was no evidence of her staph infection on her records. She told her recruiter and the doctors at the Military Entry Processing Station (MEPS) about the staph infection. She never lied about anything on paperwork or under oath. In support of her request, the applicant provides copies of excerpts from her medical records and her DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Air Force on 27 Nov 01. On 22 Feb 02, while at technical school, the applicant’s commander notified her he was recommending her for an ELS for Erroneous Enlistment. The reason for this action was that her Chronological Record of Medical Care, dated 28 Jan 02, indicated she was diagnosed with knee pain and it was determined the condition existed prior to service and had not been permanently aggravated by service. The applicant acknowledged her right to consult with counsel and submit statements in her own behalf, but declined to do so. On 22 Feb 02, the applicant’s commander recommended she be furnished an ELS for Erroneous Enlistment and the case was subsequently determined to be legally sufficient. On 26 Feb 02, the discharge authority directed the applicant be discharged with an ELS for Erroneous Enlistment. On 5 Mar 02, the applicant was furnished an ELS with uncharacterized service for Erroneous Entry and was credited with three months, and nine days of total active service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial indicating there is no evidence of an error or injustice. Based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. The applicant should not have been allowed to join the Air Force because of knee pain. Had the Air Force known of this condition at the time of the applicant’s enlistment, she would not have been allowed entry into the military. Airmen are given entry-level separation with uncharacterized service when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined it would be unfair to the member and the service to characterize a member’s limited service when separation is initiated within the first 180 days of active service. Therefore, her DD Form 214 is correct in accordance with DoD and Air Force instructions. The complete AFPC/DPSOS evaluation is at Exhibit A. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 26 Jul 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 injustice. 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 Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with the application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02165 in Executive Session on 7 Feb 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 May 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 29 Jun 12. Exhibit E. Letter, AFBCMR, dated 26 Jul 12.