RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02920 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His entry level separation be changed to a medical discharge. APPLICANT CONTENDS THAT: He was told it would be a medical discharge. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 31 Jul 12. On 30 Aug 12, the applicant was notified by his commander of his intent to recommend his discharge under the provisions of AFPD 36-32 and AFI 36-3208, Chapter 5, Section C, Defective Enlistments, Paragraph 5.14 under Basis for Erroneous Enlistment. The reason for this action was that a medical narrative summary, dated 28 Aug 12, found he did not meet the minimum medical standards to enlist. He should not have been allowed to join the Air Force because he had symptomatic retained hardware right ankle pain. On 30 Aug 12, the applicant acknowledged receipt of the action and waived his right to consult with legal counsel or submit statements on his own behalf. On 30 Aug 12, the applicant was discharged with an entry level separation (uncharacterized), and was credited with one month of active service. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. The applicant’s commander received a medical narrative summary that found the applicant ineligible to meet the minimum medical standards to enlist in the United States Air Force. The medical authorities concluded the applicant had a pre-existing medical condition that would have precluded him from enlisting in the Air Force had this condition been made known in advance. Both the commander and the discharge authority correctly concluded that discharge was in order. The applicant’s service characterization is correct as reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty. Airmen are given an entry-level separation with uncharacterized service when separation is initiated in the first 180 days continuous active service. The Department of Defense (DOD) determined if a member served less than 180 days continuous service, it would be unfair to the member and the service to characterize their limited service. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. AFBCMR Medical Consultant recommends denial indicating there is no evidence of an error or an injustice. The applicant’s Basic Training Record, dated 13 Aug 12, indicates that he was “unable to complete the 2nd week of Physical Training due to a medical appointment.” A recommendation was made to place him on Medical Hold on 20 Aug 12 following which he was referred to the 324th Training Operations Flight “to await further medical evaluation.” A copy of the applicant’s Report of Medical History, completed by him, and the Report of Medical Examination, completed by the examining physician on 24 May 12 indicates the applicant had undergone surgery for an “instable right ankle” in 2002 “with hardware” placed, that he was “asymptomatic” at the time of examination, but that he “will still need a waiver.” On 7 Jun 02, the AFRC Command Surgeon found the applicant medically qualified for general service “with a waiver for ORIF [open reduction internal fixation] right ankle.” A Chronological Record of Medical Care [overprint Standard Form 600], dated 27 Aug 12, and used to process individuals for an administrative separation in lieu of an medical evaluation board (MEB), in accordance with AFI 36-3208, indicated that the applicant presented with “symptomatic retained hardware; right ankle pain.” The provider noted that the applicant disclosed the ankle surgery at his Military Entrance Processing Station examination, but stated he had to “push himself harder physically in Basic Military Training (BMT) versus pre-BMT.” The provider also documented the applicant’s report that he “began to experience right ankle pain while running in week of training (WOT) 2 that interfered with training.” The provider also noted the “ankle is now back to pre-BMT state without pain.” The provider made it clear that this was not a fraudulent enlistment. Service members who enter the military with a medical waiver, provided no aggravation has occurred, may be separated without physical disability evaluation when the responsible medical authority designated by Service regulations determines within 180 days of the member’s entry into active service that the waivered condition represents a risk to the member or prejudices the best interest of the Government. Once 180 days have elapsed or the condition is one which causes referral into the Disability Evaluation System (DES), the member shall be referred for physical disability evaluation, if otherwise qualified. DoDI 1332.18, Disability Evaluation System, published 5 Aug 14, under Evidentiary Standards for Determining Compensability of Unfitting Conditions, paragraph f, Medical Waivers, which reads: “Service members who entered the Military Service with a medical waiver for a preexisting condition and are subsequently determined unfit for the condition will not be entitled to disability separation or retired pay unless: the Military Service permanently aggravated the condition or hastened the condition’s rate of natural progression or the member will have served eight years of active service at the time of separation. The applicant’s previously unstable right ankle, what has returned to his “pre-BMT state without pain,” was treated with open reduction and internal [hardware] fixation in 2002, has not been proven permanently aggravated nor its natural progression hastened through military service. The Military Department acted within its established policies to discharge the applicant with an entry level separation with uncharacterized service, and without referral to the DES. A complete copy of the AFBCMR Medical Consultant 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 Feb 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was 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 of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-02920 in Executive Session on 16 Apr 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02920 was considered: Exhibit A. DD Form 149, dated 14 Jul 14. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 4. Exhibit D. Memorandum, AFBCMR Medical Consultant, dated 9 Feb 15. Exhibit E. Letter, SAF/MRBR, dated 11 Feb 15.