RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03552 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect her release from active duty as 8 Nov 05, instead of 4 Oct 05. ________________________________________________________________ APPLICANT CONTENDS THAT: Her DD 214 should reflect that she was released from active duty on 8 Nov 05, instead of 4 Oct 05 as directed by the Secretary of the Air Force (SECAF). In support of her request, the applicant provides a copy of her NGB Form 22, National Guard Bureau Report of Separation and Record of Service; DD Form 214, a letter from ARPC/DPT, a letter from SAF/MRBR, and her rating decision from the Department of Veteran Affairs. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 7 Sep 04, the applicant enlisted in the Oklahoma Air National Guard (OKANG). On 21 Jun 05, the applicant commenced her initial active duty for training active duty tour and proceeded to Basic Military Training (BMT). On 25 Jun 05 while performing her initial Physical Readiness Training (PRT), the applicant sustained a muscle pull in her left hip. On 30 Aug 05, a Line of Duty Determination (LOD) was initiated to determine if the applicant’s left strain of Sartorius was incurred in the Line of Duty (LOD). According to information extracted from the Military Personnel Data System (MILPDS), on 27 Sep 05, an Informal Physical Evaluation Board (IPEB) was conducted for the applicant’s injury. The IPEB recommended a ten percent disability rating. On 29 Sep 05, the legal office concurred with a recommended finding of in the LOD. On 4 Oct 05, the applicant was relieved from active duty and issued a narrative reason for separation of “Termination of Initial Active Duty Training.” On 5 Oct 05, the SECAF determined the applicant to be physically unfit for continued military service and directed she be honorably discharged from the OKANG with severance pay under the provisions of Title 10 USC § 1208. In accordance with AFI 36-3212, Physical Evaluation For Retention, Retirement, and Separation, paragraph 8.16.2.2, if a member is found unfit for duty after a Physical Evaluation Board (PEB) and does not require further hospitalization, the member is returned home to await final disposition action. On 1 Nov 05, the applicant was honorably discharged from the Oklahoma ANG with a narrative reason for separation of “Medical Disqualification.” She was credited with 3 months and 15 days of total active service. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTS recommends denial indicating there is no evidence of an error or an injustice. The applicant indicates that she was injured during her Initial Active Duty Training (IADT) and on 27 Sep 05, an IPEB recommended her for discharge. On 5 Oct 05, the SECAF recommended discharge, effective 1 Nov 05. The applicant is requesting that her separation date for this period in block 12b on the DD 214 be changed to reflect 1 Nov 05 to allow her to be eligible for benefits based on her medical disqualification. The applicant’s DD Form 214 was created for her continuous active duty from 21 Jun 05 to 4 Oct 05 and indicates she returned to her unit after termination of her IADT. In accordance with AETCI 36-2215, Technical and Basic Military Training Administration, Table 12.16, item 3, “eliminated ANG students are returned to their home unit for disposition or discharge by the state.” The applicant was properly transferred to the ANG and discharged effective 1 Nov 05. On 26 Feb 13, the applicant was notified that her DD Form 214 would not be corrected and her NGB Form 22 should be used as a source document for her medical separation. A complete copy of the DPTS evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 Jul 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 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 opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed 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 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-2012-03552 in Executive Session on 31 Jul 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03552 was considered: Exhibit A. DD Form 149, dated 27 Apr 13, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, ARPC/DPTS, dated 8 Jul 13. Exhibit D. Letter, SAF/MRBR, dated 24 Jul 13.