RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02171 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: The Narrative Reason for Separation of “Failed to Meet Physical Standards for Enlistment” be removed from his DD Form 214, Certificate of Release or Discharge from Active Duty. ________________________________________________________________ APPLICANT CONTENDS THAT: He passed all requirements. He was doing his duty as a road guard, close to the third week of training, when he messed up his right knee and was asked to go home. In support of his request, the applicant provides a copy of his DD Form 214. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant initially entered active duty on 29 Jul 80. On 26 Aug 80, the applicant’s commander notified him that he was recommending him for discharge for Erroneous Enlistment. The reason for the action was that a medical evaluation board, which convened on 20 Aug 80, found the applicant did not meet the minimum medical standards to enlist because he had subluxation of the patella with chondromalacia patella of both knees. The condition existed prior to service and was not aggravated permanently from his service. On 27 Aug 80, the discharge authority directed the applicant be discharged for Erroneous Enlistment and issued an Honorable Discharge Certificate. On 28 Aug 80, the applicant was discharged, issued an Honorable Discharge Certificate with a Narrative Reason for Separation of “Failed to Meet Physical Standards for Enlistment” and was credited with one month of active service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial of the applicant’s request, indicating there is no evidence of an error or injustice with respect to his narrative reason for separation. The discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. The medical board report, dated 20 Aug 80, states the condition for which the applicant was separated existed prior to the applicant’s enlistment and the condition was not aggravated by training beyond the normal progression. The applicant should not have been allowed to join the Air Force because he had subluxation of the patella with chondromalacia patella of both knees. Had the Air Force known of this condition at the time of the applicant’s enlistment, he would not have been allowed entry into the military. However, while the applicant’s discharge for his failure to meet procurement standards was consistent with the provisions of the governing instruction, he was erroneously issued a separation program designator (SPD) Code of JFU (positive urinalysis). A complete copy of the AFPC/DPSOS evaluation is at Exhibit C. ________________________________________________________________ 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 untimely 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 concerning the applicant’s Narrative Reason for Separation upon 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 Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice concerning his separation. Notwithstanding the above, we note that upon separation the applicant received an incorrect SPD Code of “JFU” instead of “JFC” (Erroneous Enlistment), and that his records will be corrected administratively by the OPR. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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 this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02171 in Executive Session on 29 Jan 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 May 13, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 29 Jun 12. Exhibit D. Letter, SAF/MRBR, dated 26 Jul 12.