RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03636 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her entry level separation (ELS) for “failed medical/physical procurement standards” be changed to a medical discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: To say she should never have been allowed in the Air Force because of her condition and that her discharge should be for erroneous enlistment is wrong. She never had a back problem a day in her life until she began running a month or two before basic training. She believed she was running wrong and that was the cause of her pain because the pain never lasted longer than a day. No one would have caught her medical problem with her spine unless she had Magnetic Resonance Imaging (MRI) because that was the only way anterolisthesis can be found. She didn’t know she had a chronic condition. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant initially entered the Air Force on 18 Jul 11. On 3 Oct 11, the applicant’s commander notified her that he was recommending her for discharge for erroneous enlistment. The reason for this action was her medical narrative summary, dated 6 Sep 11, stated she did not meet minimum medical standards to enlist due to lumbar disk degeneration. The applicant acknowledged receipt and waived her right to legal counsel and to submit statements. On 4 Oct 11, the action was reviewed and determined to be legally sufficient, and the discharge authority directed the applicant be furnished an ELS for erroneous enlistment in accordance with AFI 36-3208, Administrative Separation of Airmen. On 5 Oct 11, the applicant was furnished an ELS with uncharacterized service for “failed medical/physical procurement standards,” assigned a Reentry (RE) code of 4C (Concealment of juvenile records; or minority, or failure to meet physical standards; or failure to obtain 9.0 reading grade), and was credited with 2 months and 18 days of active service. The relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility which are included at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice. The applicant should not have been allowed to join the Air Force because she had lumbar disc degeneration. Had the Air Force known of this condition at the time of the applicant’s enlistment, she would not have been allowed entry. Although the applicant states she has finished treatment and can return to the Air Force, her medical condition does not meet accession standards. The discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. Airmen are given ELS with uncharacterized service when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined it would be unfair to the member and the service to characterize a member’s limited service when separation is initiated within the first 180 days of active service. Therefore, her discharge was in accordance with DoD and Air Force guidance. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. AETC/SGPS recommends denial of the applicant’s request to change her RE code, indicating there is no evidence of an error or injustice. Her medical defect may have gone unnoticed prior to military service and was aggravated by the strenuous physical activity prompting her to seek medical care. As her condition may become chronic over time, she was disapproved for a waiver and disqualified from military service. The separation was carried out in accordance with established policy and administrative procedures. She does not meet the current medical criteria for military duty. A complete copy of the AETC/SGPS evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 29 Oct 12 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 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 opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion 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 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-2012-03636 in Executive Session on 2 Apr 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03636 was considered: Exhibit A. DD Form 149, dated 13 Aug 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 25 Sep 12. Exhibit D. Letter, AETC/SGPS, dated 24 Oct 12. Exhibit E. Letter, SAF/MRBR, dated 29 Oct 12.