RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02403 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His “Uncharacterized” service be changed to “Honorable.” 2. His narrative reason for separation be changed from “Erroneous Entry” to “Medical Discharge.” 3. His Reentry (RE) code of 2C, which denotes “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” be changed to 3A, which denotes “First Term Airman (FTA) who separates before completing 36 months (60 months for a 6-year enlistee) on current enlistment and who has no known disqualifying factors or ineligibility conditions except grade, skill level, and insufficient Total Active Federal Military Service (TAFMS).” APPLICANT CONTENDS THAT: Medical documentation proves that the condition for which he was discharged did not exist prior to his enlistment and actually occurred during Basic Military Training (BMT). Therefore, his narrative reason for discharge is incorrect. His length of service is 6 months and 18 days; therefore, his discharge cannot be an entry level separation. Medical providers recommended that he be allowed to reenlist in the future. In support of his requests, the applicant provides a personal statement, copies of his DD Forms 214, Certificate of Release or Discharge from Active Duty; SF Form 600, Chronological Record of Medical Care and various other documents related to his requests. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 8 October 2013, the applicant enlisted in the Regular Air Force. According to DD Form 2697, Report of Medical Assessment, dated 29 January 2014, the applicant experienced knee pain during “BMT/TTS.” A subsequent medical evaluation led to a diagnosis of “medial femoral condyle stress fracture.” An SF 600 dated 29 January 2014 reflects a medical opinion that states he did not have this disqualifying condition prior to enlistment. It also reflects that there were Civilian/Military records for his medical condition dated prior to enlistment in his medical record. The applicant did not request an enlistment waiver. The medical provided recommended “ re-enlistment in the future, after condition is completely resolved without sequelae.” On 19 March 2014, the applicant’s commander notified him that he was recommending he be discharged from the Air Force under the provisions of AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.14, for “Erroneous Enlistment.” The specific reason for this action was on 29 January 2014, the applicant was diagnosed with medial femoral condyle stress fracture. According to SF 600, dated 29 January 2014, the applicant has a history of medial femoral condyle stress fracture which was slowly improving and was expected to heal in 4 to 6 weeks. He declined all further evaluation and treatment for his condition and did not request a medical waiver from the Air Education and Training Command Surgeon General (AETC/SG). Consequently, he was medically disqualified, removed from the Tactical Air Control Party Preparatory Course and recommended for an administrative discharge in accordance with Air Force policy guidelines. On 19 March 2014, the applicant acknowledged receipt of the discharge notification and on 20 March 2014, he indicated that he consulted with legal counsel and waived his right to submit statements in his behalf. On 21 April 2014, the Staff Judge Advocate found the discharge legally sufficient. On 23 April 2015, the discharge authority directed the applicant be administratively discharged with an entry level separation. Probation and rehabilitation was considered and deemed inappropriate. On 25 April 2014, the applicant received an entry-level separation with uncharacterized service. The narrative reason for separation reflected on his DD Form 214 is “Erroneous Entry.” He served on active duty for 6 months and 18 days. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial of the applicant’s requests to change his character of service or narrative reason for separation. Medical authorities concluded that the applicant had a pre- existing condition that would have precluded him from joining the Air Force had his condition been made known at the time of his enlistment. The applicant chose not to apply for a waiver, therefore, the commander had no other option but to remove the applicant from the course and initiate discharge action. Based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. The applicant was on active duty for 162 days when the discharge action was initiated; therefore in accordance with AFI 36-3208, he must be separated with an entry level discharge. Airman are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days continuous active 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. Therefore, his uncharacterized character of service is correct and in accordance with DoD and Air Force instructions. The complete DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends denial of the applicant’s request to change his RE code. He received an RE code of 2C as required by AFI 36- 2606, Reenlistments in the United States Air Force, based on his involuntary discharge with uncharacterized service. He does not provide any evidence of an error or injustice in reference to his RE code. Had the applicant been eligible for an honorable character of service his RE code would still be 2C. The complete DPSOR evaluation is at Exhibit D. AETC/SGPS recommends denial. The applicant did not provide any evidence that an error or injustice occurred in the processing of his discharge. On 29 January 2014, the applicant was seen in the clinic for leg pain and was diagnosed with a medial femoral condyle stress fracture. The condition was slowly healing and expected to resolve in 4 to 6 weeks. He declined further treatment and did not wish to pursue a medical waiver from AETC/SGPS. He was removed from the Tactical Air Control Party course and was processed for an entry level separation. It was recommended that once the condition had resolved and remained asymptomatic he could apply to re-enter military service. He stated he understood the diagnosis and treatment plan. As noted above if the applicant is and remains asymptomatic he can re-apply to re-enter military service. The complete SGPS evaluation is at Exhibit E. The BCMR Medical Consultant recommends denial of the applicant’s petition to change the narrative reason for his discharge, the characterization of his service, and the RE code. However, he does not agree with the assessment that the applicant’s stress fracture occurred prior to military service. In some cases, it has been alleged that poor conditioning among certain recruits causes the condition. The fact is the fracture did not exist prior to service. Thus, there was no erroneous entry, as the applicant was likely asymptomatic and presumed fit when he first entered military service. In any case, bony fractures of the nature experienced by the applicant, although interrupting training, are not expected to result in a permanent impairment. Consequently, rather than warehousing recruits and placing members on Medical Hold awaiting completion of the 4 to 6 weeks healing process, in accordance with AFI 36-3208, provisions are established for their timely release with the subsequent opportunity to re-enlist following resolution of the medical issue. DoDI 6130.03, Medical Standards for Appointment, Enlistment, or Induction in the Military Services, lists stress fractures as disqualifying for service entry, but with the implicit caveat that only if the fractures are recurrent. The Medical Consultant has not been provided the medical evidence to show the actual date of occurrence or diagnosis of the applicant’s stress fracture. The applicant has also not supplied post-service radiographic evidence that his previously diagnosed stress fracture has healed stress. This would have relevance since it appears that he desires a return to duty; with the unverifiable presumption that he now meets accession standards. The Medical Consultant concedes the applicant could have been referred for a Medical Evaluation Board for a medical separation. However, there is no way to quantify his impairment for disability rating purposes without the aid of additional medical documentation, service or Department of Veterans Affairs. If the applicant’s objective is to return to duty, declaring him unfit and assigning a medical discharge under AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, as he also desires, may serve as a detriment to achieving his ultimate wishes. The applicant may elect to supply additional evidence [2015] from an orthopedic surgeon attesting to radiographic evidence of healing of his previous fracture or the absence of an existing fracture to support at least one aspect of his petition. The complete BCMR Medical evaluation is at Exhibit F. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Following several medical tests, he was diagnosed with a medial femoral condyle stress fracture which was expected to heal in 4- 6 weeks. Because of this injury he was placed on medical hold and was presented with two options; first, he could pursue a medical waiver and he would be reclassified to another job which would be at the sole discretion of the Air Force; second, he could choose to be discharged, wait 6 months, and then re-enlist in a career of his choice. He decided on the latter option because he did not want to take the chance of getting a job he did not want. He was stunned to learn the service characterization, narrative reason for separation and RE code reflected on his DD Form 214 would not allow him to reenlist. His complete response is at Exhibit H. ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommends the applicant’s narrative reason for separation be changed to “Secretarial Authority” and his RE code to “3K” which denotes “Reserved for use by AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate.” He reiterates that the reason for the applicant’s discharge was not “Erroneous Entry” since he did not have the stress fractures prior to entering military service. Changing the applicant’s narrative reason for separation to medical would give the applicant an honorable service characterization; however, it would have declared him unfit for continued service, which would be an obstacle for reenlistment. As required by 10 U.S.C. § 1556. Ex parte communications prohibited, a summary of the verbal communication made by the BCMR Medical Consultant to the Board was provided to the applicant for review and comment. (Exhibit I) APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: In an email dated 14 May 2015, the applicant concurred with the BCMR Medical Consultant’s recommendation to change his separation code and corresponding narrative reason for discharge to “Secretarial Authority” and his RE code to 3K. The applicant’s complete response is at Exhibit J. 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 injustice to warrant changing the applicant’s character of service to honorable. 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 AFPC/DPSOR 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 favorably consider this portion of the applicant’s request. 4. Notwithstanding the above sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting a degree of relief. Having carefully reviewed this application, we agree with the opinion and recommendation of the BCMR Medical Consultant’s additional evaluation and adopt the rationale expressed as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, in the interest of justice we recommend his RE and separation codes be changed to 3K and KFF respectively. Whether or not he is successful in his attempts to return to the military will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to any branch of service. Therefore, we recommend that his records be corrected to the extent indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 25 April 2014, he was discharged with a narrative reason for separation of “Secretarial Authority,” a separation code of “JFF” and a RE code of “3K.” The following members of the Board considered this application in Executive Session on 9 April 2015 and 15 May 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02403 was considered: Exhibit A. DD Form 149, dated 9 June 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 1 July 2014. Exhibit D. Letter, AFPC/DPSOA, dated 24 September 2014. Exhibit E. Letter, AETC/SGPS, dated 14 October 2014. Exhibit F. Letter, BCMR Medical Consultant, dated 23 January 2015. Exhibit G. Letter, SAF/MRBR, dated 2 February 2015. Exhibit H. Letter, Applicant, dated 11 February 2015. Exhibit I. Email, AFBCMR, dated 13 May 2015. Exhibit J. Email, Applicant, dated 14 May 2015.