RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01999 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His Reentry Code (RE) of 4C (Failed Medical Physical Procurement Standards) be changed so he can apply to the Air Force Reserves. 2. His Entry Level Separation (ELS) with uncharacterized service be upgraded to a general (under honorable conditions) discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: The medical problem with his knee that caused his separation from the Air Force in 2006 no longer bothers him, and he should be allowed to apply for enlistment in the AF Reserve. In support of his request, the applicant provides copies of extracts of his military personnel records, military and civilian medical records, and supporting statement from his Orthopedic Surgeon attesting to his fitness for military duty. The applicant’s complete submission, with attachments, is at Exhibit A. _______________________________________________________________ STATEMENT OF FACTS: In Jun 2002, the applicant was discharged from the U.S. Navy after injuring his right knee in a motorcycle accident which required reconstructive surgery. On 5 Sep 06, the applicant entered the Regular Air Force, and proceeded to Basic Training. On 26 Sep 06, the applicant’s commander notified him of his intent to discharge him from the Air Force with an Entry Level Separation for Erroneous Enlistment. The reason for this action was the 20 Sep 06 medical narrative summary indicating that he did not meet minimum medical standards to enlist and that he should not have been allowed to join the Air Force due to his knee pain. The applicant acknowledged receipt of the action, and waived his right to legal counsel and to submit statements in his behalf. On 30 Sep 06, the case was determined to be legally sufficient and the discharge authority concurred with the commander’s recommendation. On 4 Oct 06, the applicant was furnished an Entry Level Separation with uncharacterized service for Erroneous Enlistment and was issued a narrative reason for separation of “Failed Medical/Physical Procurement Standards.” He received a Reentry Code of “4C” (Approved involuntary separation for concealment/physical standards). The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR) which are attached at Exhibits C, D, and E. ________________________________________________________________ AIR FORCE EVALUATION: HQ AETC/SGPS states that the separation was done in accordance with established policy and administrative procedures. The applicant had surgery on his right knee in 2002 to correct a PCL injury he received in a motor cycle accident. He was released for military service in May 2004 and entered the service in Sep 2006. After 4 weeks of training, his knee pain was such that he could no longer continue with his training. He was eventually diagnosed with symptomatic right knee pain from an injury prior to entering the service and processed for an entry-level separation. Since he appears to meet current medical criteria for military duty, we can support a change to his Reentry Code. A complete copy of the AETC/SGPS evaluation is at Exhibit C. AFPC/DPSOS recommends denial of the applicant’s request to change his entry-level separation with uncharacterized service to a general (under honorable conditions) discharge, indicating there is no evidence of an error injustice. The applicant should not have been allowed to join the Air Force because of knee pain. Had the Air Force known of this condition at the time of the applicant’s enlistment, he would not have been allowed entry into the military. Based on the documentation on file in his master personnel file, 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 entry-level separation with uncharacterized service when separation is initiated within the first 180 days of continuous active service. The Department of Defense (DoD) determined that it would be unfair to the member or the service to characterize a member’s limited service when such service is less than 180 days. A complete copy of the AFPC/DPSOS evaluation is at Exhibit D. The AFBCMR Medical Consultant recommends denial of the applicant’s request to change the uncharacterized nature of his separation, but concurs with the HQ AETC/SGPS recommendation to change his RE Code. Since more than 12 months have passed since his surgery, and the applicant did not receive surgery for a recurrent ACL reconstruction or sustain an injury to or require repair of a torn meniscus, the applicant, armed with the letter from his orthopedic surgeon and the AETC/SGPS recommendation, is likely to be allowed to re-enter service under a waiver. The Board can make this process smoother by changing the RE code to one which will allow the applicant the opportunity to re-apply for military service. However, the applicant should be aware that such a change in his RE code does not constitute a directive to return him to military service. A complete copy of the AFPC/DPSOS evaluation is at Exhibit E _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 3 Feb 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was untimely 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. After careful consideration of the applicant’s request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. The applicant contends that his Reentry Code (RE) of 4C (Failed Medical Physical Procurement Standards) should be changed so he can apply to the Air Force Reserves, and his entry level separation (ELS) with uncharacterized service should be upgraded to a general (under honorable conditions). However, as a matter of Department of Defense policy, Airmen are given entry level separation with uncharacterized service when separation is initiated in the first 180 days of continuous active service. The discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. We take note of the fact that in Sep 2006 he reentered the military when he did not meet minimum medical standards to enlist, even though he had memo from a civilian doctor stating he was fit for military service. In addition, subsequent to his separation for erroneous enlistment, he sought additional medical assistance for knee pain he described as “becoming more severe.” Therefore, in view of the above, we find no basis to correct the record as requested by the applicant. ________________________________________________________________ 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-2011-01999 Executive Session on xxx, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 May 2011, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AETC/SGPS, dated 15 Aug 11. Exhibit D. Letter, AFPC/DPSOS, dated 25 Oct 11. Exhibit E. Letter, BCMR Medical Advisory, dated 23 Jan 11. Exhibit F. Letter, SAF/MRBC, dated 3 Feb 12. Panel Chair