RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02961

XXXXXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His entry-level separation (ELS) be changed to a medical or honorable discharge and his separation program designator “J38” be changed to permit reentry into the Armed Forces.    

APPLICANT’S CONTENTIONS

His entry into the Air Force was approved and he passed the military entrance processing station (MEPS) examination.  He did not have any issues while at basic military training (BMT) but was transferred to a medical hold barracks.  He was born with lazy eyes and was honest through the whole process.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman basic (AB, E-1).  

AF Form 618, Medical Board (MEB) Report dated 3 Jun 91, shows the applicant was diagnosed with congenital left ptosis, symptomatic; interfering with vision.  It was determined to be a chronic condition that made the applicant a poor risk for continued military service.  He did not meet minimum enlistment standards.  It was recommended he be discharged for reason of physical disability, which existed prior to service (EPTS).  

On 12 Jun 91, the applicant was notified by his commander of the recommendation for discharge for erroneous enlistment with an ELS.  The reason for the discharge recommendation was a MEB convened on 3 Jun 91, which found he did not meet minimum medical standards to join the Air Force due to congenital left ptosis, symptomatic, interfering with training.  

On 12 Jun 91, the applicant acknowledged the discharge notification and the discharge authority approved the recommendation for discharge.

On 14 Jun 91, the applicant was discharged with an ELS, uncharacterized character of service, SPD “J38,” Reentry Code “4C” and narrative reason for separation of “Failed to meet physical standards for enlistment.”  He served one month of active duty service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory opinions at Exhibits C and E.

AIR FORCE EVALUATION

AFPC/DP2STM recommends denial.  The base discharge authority received a MEB Report recommending discharge.  The MEB determined he had a medical condition that EPTS, which would have precluded him from enlisting.  Airmen are in entry-level status during the first 180 days of continuous active military service.  The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 5 Sep 19 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION

BCMR Medical advisor finds the applicant did not prove adequate corroborating evidence to warrant granting his request.  Although it was due to no fault of his own his EPTS ptosis condition was cleared for service, he was nonetheless disqualified.  The repeat evaluation during BMT ascertained he was at risk of becoming worse and a poor risk for continued service.  The manner of discharge is in keeping with established guidance and due to his ptosis condition, his enlistment was defective.  The complete advisory is at Exhibit E.  

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION

The Board sent a copy of the additional advisory opinion to the applicant on 9 Apr 20 for comment (Exhibit F), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendations of AFPC/DP2STM and the BCMR Medical Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-02961 in Executive Session on 3 Jun 20:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 May 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 13 Aug 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 5 Sep 19.
Exhibit E:	Advisory opinion, BCMR Medical Advisor, 3 Apr 20.
Exhibit F:	Notification of advisory, SAF/MRBC to applicant, dated 9 Apr 20.  

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.