RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05274 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Uncharacterized discharge be upgraded to an Honorable discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged due to a shoulder injury he sustained in Basic Military Training (BMT) that the doctors determined was pre- existing, despite his statement of never injuring his shoulder before. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 17 Apr 07. On 21 Jun 07, the applicant’s commander notified him that he was recommending his discharge from the Air Force for erroneous enlistment. The reason for the action was the applicant did not meet the minimum medical standards to enlist due to having shoulder joint instability. On 21 Jun 07, the case was found to be legally sufficient and on 22 Jun 07, the discharge authority directed the applicant be furnished an entry-level separation. On 26 Jun 07, he was furnished an entry-level separation with uncharacterized service and was credited with two months and ten days of total active service. 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. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility which are included at Exhibits C and F. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial indicating there is no evidence of an error or injustice. 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 due to his shoulder joint instability. Had the Air Force known of this condition at the time of his enlistment, the applicant would not have been allowed entry into the military. A complete copy of the AFPC/DPSOR 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 25 Jan 13 for review and comment within 30 days (Exhibits D). As of this date, this office has received no response. ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends denial, indicating the applicant’s post-service medical evidence and opinion submitted one year after being discharged, in and of itself, is insufficient to meet the burden of proof of an error or injustice. While the Department of Veterans Affairs (DVA) has granted service connection for the applicant’s shoulder ailment, without any service medical documentation to review, the mere fact the DVA has elected to grant service connection for the applicant's shoulder ailment, based upon its examination and the belief that the applicant's testimony was "honest," is not indicative of the facts present at the time of the applicant’s release from the military. A complete copy of the AFBCMR Medical Consultant evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the AFBCMR Medical Consultant evaluation was forwarded to the applicant on 12 Aug 13 for review and comment within 30 days (Exhibit F). As of this date, this office has received no response. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application timely filed. 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 opinions and recommendations of the Air Force office of primary responsibility (OPR) and AFBCMR Medical Consultant and adopt their 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 an 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-2012-05274 in Executive Session on 19 Sep 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05274 was considered: Exhibit A. DD Form 149, dated 22 Oct 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 10 Jan 13. Exhibit D. Letter, SAF/MRBR, dated 25 Jan 13. Exhibit E. Letter, AFBCMR Medical Consultant, dated 12 Aug 13. Exhibit F. Letter, AFBCMR, dated 12 Aug 13.