RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02996 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of “4C” (Separated for concealment of juvenile records, minority, failure to meet physical standards for enlistment, failure to maintain a 9.0 reading grade level as measured by the Air Force Reading Abilities Test, or void enlistments), be changed to a “1” series or a code to allow him to reenter the military. ___________________________________________________________________ APPLICANT CONTENDS THAT: A change of his RE code is appropriate since his medical condition that led to his discharge, no longer presents itself. The applicant’s complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty in the Regular Air Force effective 13 June 2006. On 27 July 2006, the applicant’s commander notified him of his intent to recommend him for discharge for defective enlistment with an uncharacterized entry level separation. The applicant acknowledged the commander’s notification of discharge and waived his rights to consult legal counsel and to submit statements in his own behalf. After the Chief, Adverse Actions found the case to be legally sufficient; the discharge authority approved the entry level separation and directed the applicant be separated with uncharacterized service under the provisions of Air Force Program Directive 36-32 and Air Force Instruction 36-3208, Chapter 5, Section C, Defective Enlistments, paragraph 5.14, under Basis for Discharge for Erroneous Enlistment. On 29 September 2009, the applicant was separated with uncharacterized service after serving 1 month and 25 days on active duty. His DD Form 214, Certificate of Release or Discharge from Active Duty, reflects his RE code as “4C,” his separation code as “JFW” and his narrative reason for separation as “Failed Medical/Physical Procurement Standards.” __________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denying the applicant’s request for an RE code change. DPSOA states the applicant received an erroneous RE code on his DD Form 214. The correct RE code is “2C” (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) as required by Air Force Instruction 36-3206, Reenlistments in the USAF, Chapter 3. The RE code “2C” is required based on his entry level separation with uncharacterized service. The applicant does not provide evidence of an error or injustice in reference to his RE Code. The complete DPSOA evaluation is at Exhibit C. AETC/SGPS recommends denial. SGPS states that although the applicant’s medical history was disclosed to the Military Entrance Processing Station, and he was cleared for military duty, his condition was aggravated by the strenuous requirements of training and he could not continue. He had a history of two left sided spontaneous pneumothorax in 1999, which were surgically corrected. On 30 June 2006, the applicant reported to the medical clinic complaining of sharp chest pain and coughing up blood. He was evaluated and it was determined that this was an aggravation of his previous pneumothorax and treatment; and, that he would not be able to complete training. Therefore, it was recommended he be separated from the military. Medical and physical evaluation boards are not authorized to members who have been in the military for less than six months and his condition, which prevents training, existed prior to service. The complete SGPS evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 30 August 2012, for review and comment within 30 days (Exhibit E). As of this date, this office has received no response. ___________________________________________________________________ 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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that 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. We note that the Air Force office of primary responsibility indicates that the proper RE code the applicant should have received upon separation is “2C” based on his uncharacterized entry level separation, and that they will administratively correct the applicant’s record to reflect this correction unless otherwise directed by the Board. We concur with this correction. ___________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2012-02996 in Executive Session on 16 April 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2012-02996: Exhibit A. DD Form 149, dated 6 Jul 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 8 Aug 12. Exhibit D. Letter, AETC/SGPS, dated 28 Aug 12. Exhibit E. Letter, SAF/MRBR, dated 30 Aug 12. Panel Chair