RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02519

						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

Her uncharacterized service characterization be changed to honorable or medical/under honorable conditions on her DD Form 214, Certificate of Release or Discharge from Active Duty.

APPLICANT CONTENDS THAT:

She incurred stress fractures to her legs while in basic military training (BMT).  She was not provided the corrective footwear that her pre-entry medical examination indicated she needed.  She is a disabled veteran who continues to suffer from pain as a result of the injuries she incurred while on active duty.

She believes her discharge was honorable and deserves benefits associated with an honorable discharge.

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

STATEMENT OF FACTS:

On 8 Sep 94, the applicant commenced her enlistment in the Regular Air Force.

On 29 Nov 94, the applicant underwent a Medical Evaluation Board (MEB) for Bilateral Stress Fractures of the lower legs.  The MEB referred her case to the Informal Physical Evaluation Board (IPEB).

On 7 Dec 94, the IPEB reviewed the applicant’s case and recommended discharge with severance pay with a 20 percent compensable disability rating for the applicant’s lower extremity Bilateral Stress Fractures.

On 15 Dec 94, the applicant concurred with the findings and recommendation of the IPEB.

On 21 Dec 94, the applicant was furnished an uncharacterized, entry level separation and was credited with 3 months, and 14 days of active service. 

AIR FORCE EVALUATION:

AFPC/DPFDD recommends denial and indicates there is no evidence of an error or injustice.  The preponderance of evidence reflects no error or injustice occurring during the disability process or at time of separation.

Air Force Instruction (AFI) 36-3212, Physical Evaluation for Retention, Retirement, and Separation, dated 14 Jun 94, in effect at the time of the applicant’s release from active duty states service members discharged for disability are honorably discharged and receive a DD Form 256AF, Honorable Discharge, unless otherwise noted.  

The AFI further states entry level is the separation of service members in an entry level status unless the Office of the Secretary of the Air Force (OSAF) approves an honorable discharge.  For the purpose of determining entry level character of service, consider the date the service member signs the AF Form 1180, Action Physical Evaluation Board Findings and Recommended Disposition, from the IPEB as the date separation proceedings began.  Characterize the service of enlisted members as General (under honorable conditions) when, based on the member’s military record, a recommendation for such a discharge has been processed according to AFI 36-3208, Administrative Separation of Airmen, or when directed by officials within OSAF.  The military personnel flight (MPF) will be notified of OSAF approval.

The applicant received the appropriate characterization in accordance with Air Force guidance.

A complete copy of the AFPC/DPFDD evaluation is at Exhibit C.

AFPC/DPSOR recommends denial indicating there is no evidence of an error or an 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 instruction and was within the discretion of the discharge authority.  DPSOR did not find any evidence that an error or injustice occurred in the discharge processing.  

The discharge authority directed separation for physical disability with severance pay; therefore, the SPD code and narrative reason for separation are correct as indicated.  The applicant’s service characterization is also correct as reflected on her DD Form 214.  Airmen are given entry-level/uncharacterized service characterization when separation is initiated in the first 180 days of continuous service.  The Department of Defense (DoD) determined if a member served less than 180 days 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 D.

The AFBCMR Medical Consultant recommends granting relief for her service incurred injuries, although it also qualifies as an entry level separation since it occurred within 180 days of service.

The Medical Consultant advises that while certain developmental abnormalities, e.g., pes planus or cavus, may predispose to stress fractures in certain individuals.   Stress fractures themselves are bona fide non-existed prior to service (EPTS) injuries that commonly occur as a result of repetitive physical activities, e.g., running on hard pavement for a prolonged duration.  The now defunct Department of Defense Instruction (DODI), 1332.39, Application of the Veterans Administration Schedule for Rating Disabilities, contained thorough guidelines for rating stress fractures.

The Medical Consultant notes the AFI 36-3212 and AFI 36-3208 addresses the character of service for service members discharged due to a disability.  The AFIs state, “Except where otherwise noted service members discharged for a disability are honorably discharged and receive a DD Form 256AF, Honorable Discharge.”  In addition, entry level is the separation of service members in an entry level status unless the OSAF approves an honorable discharge.  Also, for the purpose of determining entry level character of service, consider the date the service member signs the AF Form 1180 from the IPEB as the date separation proceedings began.  Characterize the service of enlisted members as general (under honorable conditions) when, based on the member’s military record, a recommendation for such a discharge has been processed in accordance with AFI 36-3208 or when directed by officials within OSAF.  

A service characterization of under other than honorable conditions is authorized under the reason for discharge and is warranted by the circumstances of the case; or the SAF determines, on a case-by-case basis, that characterization as honorable is clearly warranted by unusual circumstances of personal conduct and performance of military duty.  The separation authority will forward a recommendation for an honorable characterization to the Air Force Personnel Center for review and further processing.  Use this characterization if the reason for separation is a change in military status according to Chapter 2; for or the convenience of the government according to Chapter 3; for disability according to AFI 36-2902 (formerly AFR 35-4); or directed by the Secretary of the Air Force according to paragraph 1.

The Medical Consultant advises that the AFI 36-2902, referred to immediately above, is non-existent or non-retrievable under this numerical designation and that AFI 36-3212 is the actual contemporary of the former AFR 35-4.  In conclusion, in view of the aforementioned policy extracts, the Medical Consultant opines the Board should consider a change of the applicant’s character of service, under the Exception offered above.  Albeit a relative minor injury on the broad scheme of all possible injuries, it legitimately occurred during active service, without evidence of misconduct or absences without authorization, and, thus, warrants an honorable service characterization.

A complete copy of the AFBCMR Medical Consultant evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force offices of primary responsibility (OPR) and the AFBCMR Medical Consultant’s evaluations were forwarded to the applicant on 6 Jan 16, for review and comment within 30 days (Exhibit F).  As of this date, no response has been received by this office.

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 and Air Force Instruction 36-2603.  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-2015-02519 in Executive Session on 24 Feb 16, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02519 was considered:

	Exhibit A.  DD Form 149, dated 10 Jun 15, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDD, dated 3 Nov 15, w/atch.
	Exhibit D.  Memorandum, AFPC/DPSOR, dated 4 Nov 15.
	Exhibit E.  Memorandum, AFBCMR Medical Consultant, 
  dated 13 Nov 15.
Exhibit F.  Letter, SAF/MRBR, dated 6 Jan 16.