RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-02350

  XXXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her entry level separation be changed to a medical discharge.

APPLICANT CONTENDS THAT:

She received an entry level separation because it was alleged that she failed her medical examination; however, she provides proof that she did not fail.

In support of her request, the applicant provides copies of her DD Form 214, Certificate of Release or Discharge from Active duty, and DD Form 2808, Report of Medical Examination.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

On 15 March 2010, the applicant enlisted in the Air Force Reserve.

The applicant’s Standard Form 600, Chronological Records of Medical Care, dated 30 March 2010, indicated that she was diagnosed with osteoarthritis.

On 1 April 2010, the applicant’s commander notified her that he was recommending she be discharged from the Air Force under the provisions of AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.14 (Erroneous Enlistment) with an “Entry Level Separation.”  The specific reason for this action was her diagnosis of osteoarthritis, which existed prior to service and had the Air Force known of this condition prior to her enlistment she would not have been allowed entry into the military.  The commander further advised the applicant he did not ask the Air Force to give her a disability separation because the medical staff found her unqualified.

On 1 April 2010, the applicant acknowledged receipt of the discharge notification and indicated that she waived her option to consult with counsel and her right to submit statements in her behalf.

On 2 April 2010, the discharge authority directed that the applicant be administratively discharged with an “Entry Level Separation.”

On 6 April 2010, the applicant received an “Entry Level Separation” with uncharacterized service.  Her narrative reason for separation is “Failed Medical/Physical Procurement Standards.” She was credited with 22 days of active service.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force office of primary responsibility (OPR) and the BCMR Medical Consultant, 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.  It has been almost five years since the applicant’s discharge; therefore, her submission is not timely.  Medical authorities concluded the applicant had a pre-existing medical condition which would have precluded her from enlisting in the Air Force had this condition been made known in advance.  The applicant was only on active duty for 17 days when the discharge action was initiated; therefore, in accordance with AFI 36-3208, she must receive an entry level discharge.  Airmen are given entry-level separation/uncharacterized service characterizations when separation is initiated in the first 180 days of continuous active service.  The Department of Defense determined if a member served less than 180 days of continuous active 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.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 December 2015, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  Evidence has been presented to indicate the applicant had X-ray evidence of osteoarthritis in both knees.  While the applicant may not have experienced knee pain or impairment at her Military Entrance Processing Station evaluation, the fact that she had radiographic findings of a recognized cause of knee pain and the fact that such radiographic findings could not have first begun after entering military service, are likely what resulted in the decision to administratively discharge her for a condition that existed prior to service instead of processing her with a compensable disorder via a Medical Evaluation Board.  The Medical Consultant acknowledges the challenge of determining whether or not the mere fact that pain developed during or after marching represented permanent service aggravation of a pre-existing condition or was due to a de novo medical injury versus simply the expected natural expression of pain onset in the presence of pre-existing degenerative joint disease.  The limited evidence, to include the fact that pain developed in the first week of training, in the context of bilateral degenerative arthritis, suggests the latter.  The applicant’s Basic Training Records show a notation entered on 23 March 2010, by her training supervisor, which reads, “I have reviewed the WHMC Form 3550 with recommendation to place this trainee on Administrative Hold due to fractures in her knee that occurred during marching.”  However, other than the reference to a fracture by the applicant’s supervisor, no objective evidence has been supplied to indicate this was the case, as would be noted on a bone scan.  Moreover, since the applicant was discharged over five years ago, there is no way to definitively attribute any new X-ray findings or worsening of osteoarthritis at this juncture to her military service.

A complete copy of the BCMR Medical Consultant’s evaluation is at Exhibit D.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant questions why she was allowed to join the Air Force if she had a condition that existed prior to service.  She passed her military medical examination and her injury occurred during military service.  The incorrect discharge prevents her from seeking medical treatment for the worsening pain caused by this injury.  She implores the Board to correct her discharge.

The applicant complete response is at Exhibit F.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that she is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-02350 in Executive Session on 11 August 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02350 was considered:

Exhibit A.  DD Form 149, dated 24 June 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPSOR, dated 20 November 2015.
Exhibit D.  Letter, AFBCMR, dated 16 December 2015.
Exhibit E.  Memorandum, BCMR Medical Consultant, dated 
  15 June 2016.
Exhibit F.  Letter, AFBCMR, dated 15 June 2016.
Exhibit G.  Letter, Applicant, undated.