RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03930 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for discharge of “fraudulent entry into military service” be removed and a medical waiver be rendered so he may enlist in the Air Force. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. He disagrees with his reason for being separated as being Fraudulent Enlistment. He does not meet the criteria listed in the governing regulation. At no time during his application or entry process did he knowingly, intentionally or deliberately fail to disclose any aspect of his health. He had been followed for normal examinations and occasional onset of various aches and pains; however, to his knowledge he was never diagnosed with a specific ailment regarding his heart or knees. The only aspect of his health that he was aware of was that he grew too fast. 2. He began experiencing lightheadedness, shortness of breath and his heart started to race. Because he had never experienced any of these symptoms before, he believed he was not in as good of shape as he thought. 3. During his Military Entrance Processing Station (MEPS) interview he attempted to explain his experience of symptoms of his heart racing; however, the symptoms were sporadic and did not require medical attention; therefore, he attributed it to being nervous. However, when he described the symptoms of his heart racing he apparently used the wrong medical terminology by referencing it as heart palpitations. After his medical examinations, he was not diagnosed with any heart condition or palpitations, and his stress tests were all within normal limits. 5. With regard to his knee pain, he did not experience the severe knee pain until he arrived at his unit and was diagnosed with Osgood Schlatter disease, which he understands to be a disqualifying condition; he was shocked and unaware that he had this condition. His knee condition is not a medically disqualifying condition; he is capable of performing all service related training activities. 6. His goal and aspiration was to have a full 20 year career in the Air Force. He is extremely disappointed that he had to separate due to a disqualifying condition which he was unaware of; however, he reiterates that at no time did he ever conceal or fail to disclose an existing medical condition. He did not enter the Air Force for the purpose of medically deceiving anyone. In support of his request, the applicant provides a personal statement. His complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 5 Jul 11. The applicant’s commander recommended him for discharge under AFPD 36-32 and AFI 36-3208, Chapter 5, Section 5C, Defective Enlistments, Paragraph 5.15 for Fraudulent Enlistment. The specific reason for this action was for intentionally concealing a prior service medical condition (history of palpitations), which if revealed could have resulted in rejection of his enlistment. The assistant staff judge advocate found the case legally sufficient. The applicant received an entry-level discharge on 24 Aug 11. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are at Exhibit C and D. _________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends denial. After a review of the applicant’s records, it was revealed that he was seen at the Reid Clinic on 18 Jul 11 for chest pain and after a full cardiac eval no disease or defect was found. The applicant also complained of left knee pain which he had prior to induction but failed to disclose. The knee condition became worse with continued physical fitness requirements and he was diagnosed with symptomatic Osgood- Schlatter disease and he was recommended for an entry-level separation. SGPS finds that the separation was done in accordance with established policy and administrative procedures. However, SGPS states that once his condition has resolved and he meets the one year asymptomatic window, they can support the applicant’s re-entry. The complete AETC/SGPS evaluation is at Exhibit C. APFC/DPSOS recommends denial. The applicant signed a statement that indicated he did not have a history of palpitations. He also stated a couple of days before arriving to MEPS there were no symptoms at the time and he thought that it was only a temporary thing. DPSOS notes that although he thought it was a temporary situation, he did not disclose his medical history; therefore, they believe the Fraudulent Enlistment was the correct basis for discharge. The documentation on file supports the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was with the discharge authority’s discretion. The complete DPSOS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 6 Mar 12 for review and comment within 30 days. 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 was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of 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 offices of primary responsibility and adopt their rationale as the basis for our conclusion that 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 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-2011-03930 in Executive Session on 8 May 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 Oct 11, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AETC/SGPS, dated 2 Dec 11. Exhibit D. Letter, AFPC/DPSOS, dated 9 Feb 12. Exhibit E. Letter, SAF/MRBR, dated 6 Mar 12.