RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03574 INDEX CODE: 100.03 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her uncharacterized entry-level separation for failed medical/physical procurement standards be changed to a medical discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: Her medical records from the Blackhills Orthopedic and Spine Center did not show any signs of a pre-existing condition with her knee prior to entering the service. In support of her application, the applicant provides a copy of DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States, and extracts from her civilian medical records. Applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 1 April 2008. On 30 May 2008, she complained of right knee pain and was later given a diagnosis of lateral subluxation of the patella-femoral tracking disorder. On 11 August 2008, the applicant received notification that she was being recommended for discharge from the Air Force for entry- level separation (Erroneous Enlistment). The reason for the proposed discharge was that she failed to meet minimum medical standards to enlist due to a patella femoral syndrome. Applicant was afforded military legal counsel and the opportunity to submit statements on her behalf. The base legal office reviewed the case, found it legally sufficient to support separation, and recommended the applicant be separated from the service with an entry-level separation. The discharge authority approved the separation and directed the applicant be separated with an uncharacterized entry-level separation. On 29 August 2008, the applicant was discharged under the provisions of AFI 36-3208, Administrative Separation of Airmen, para 5.14, Erroneous Enlistment, with an uncharacterized entry- level separation. She served five months of active military service. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOE recommends denial of the applicant's request and states that she was seen for knee pain by civilian medical professionals prior to her enlistment into the Air Force. Based on the documentation on file, the discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The complete AFPC/DPSOE evaluation is at Exhibit C. The BCMR Medical Consultant recommends denial of the applicant's request and states that based upon the pre and post-service medical evidence, the applicant has not met the burden of proof that an error or an injustice has taken place in either the type of separation she received or in the narrative reason for separation. The available medical documentation indicates the applicant had received treatment for a knee ailment prior to entering military service. Despite her clearly documented pre- service knee problems, she elected to enter the answer "NO" in the blocks provided on her DD Form 2807-1 Report Of Medical History, in response to questions regarding a history of knee problems. The complete BCMR Medical Consultant evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force and BCMR Medical Consultant's evaluations were forwarded to the applicant on 30 April 2009 for review and comment within 30 days. As of this date, there has been no response received by this office. (Exhibit E) _________________________________________________________________ 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 an injustice. After a thorough review of the evidence of record and applicant's submission, we are not persuaded that her uncorroborated assertions, in and by themselves, are sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility and the BCMR Medical Consultant. Therefore, we agree with the opinions and recommendations of the Air Force office of primary responsibility and the BCMR Medical Consultant and adopt their rationale expressed as the basis for our decision the applicant has failed to sustain her burden of having suffered either an error or an injustice. In this regard, the preponderance of evidence reflects probable pre-existing knee problems that, had they been known at the time her enlistment, the applicant would not have been accepted into military service. Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2008-03574 in Executive Session on 18 August 2009, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-03574 was considered: Exhibit A. DD Form 149, dated 7 Oct 08, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSOS, dated 4 Jan 09 Exhibit D. Letter, BCMR Medical Consultant, dated 27 Apr 09. Exhibit E. Letter, SAF/MRBR, dated 30 Apr 09.