RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01278 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 attain a 9.0 reading grade level as measured by the Air Force Reading Abilities Test, or void enlistments) be changed to a code that would allow him to reenter military service. ________________________________________________________________ APPLICANT CONTENDS THAT: His separation was unjust and in error based on the medical diagnosis of shoulder instability prior to entering military service. He had no shoulder pain or laxity of the shoulder prior to entering the military. It was recommended he could apply to reenter military service after his condition was resolved. He has provided medical documentation showing his shoulder is stable. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to excerpts of the applicant’s service medical records, on 29 Oct 09, the applicant was found qualified for military service. The applicant’s DD Form 2807-1, Report of Medical History, dated 29 Oct 09, Block 12a, Painful shoulder, elbow or wrist (e.g. pain, dislocation, etc.) reflects “No.” On 16 Mar 10, the applicant commenced his enlistment in the Regular Air Force. On 13 May 10, the applicant’s commander notified him that he was recommending his discharge from the Air Force for Erroneous Enlistment. The specific reason for the discharge action was the medical narrative summary, dated 10 May 10, which reflected the applicant did not meet the minimum medical standards to enlist. The applicant should not have been allowed to enlist due to his shoulder instability, which existed prior to his service. On 13 May 10, the applicant acknowledged receipt of the notification and waived his right to consult with legal counsel or to submit a statement in his own behalf. The discharge authority subsequently directed the applicant be furnished an entry-level separation with uncharacterized service. He was so discharged on 19 May 10 and was credited with two months and four days of total active service. ________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends approval, indicating the processing of the applicant’s separation was carried out in accordance with established policy and administrative procedures. However, once the laxity has been corrected and the applicant is released to full unrestricted physical activities there is no medical reason why he could not reapply to reenter military service. A complete copy of the AETC/SGPS evaluation is at Exhibit C. AFPC/DPSOA notes the applicant received an erroneous RE code of 4C. The correct RE code is 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service). Although AETC/SGPS recommended changing the RE code, the RE code is not driven by a medical condition, but is required based on the applicant’s involuntary entry-level separation with uncharacterized service. The medical community does not have the authority or any valid input as to the correctness of the current RE code. The medical community is qualified to recommend the applicant be given an opportunity to be medically screened for military service based on his current medical status (if otherwise eligible). However, a waiver of prior circumstances would be more appropriate than circumventing the screening and waiver process. The applicant’s DD Form 214 will be administratively corrected to reflect the correct RE code of 2C unless otherwise directed by the Board. The complete AFPC/DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 17 Jun 13 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. ________________________________________________________________ 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 an injustice to warrant changing the applicant’s RE code to one that would make him eligible for military service. While we note the AETC/SGPS recommendation to grant changing the RE code because the applicant may meet current medical accession standards, we agree with the opinion and the recommendation of AFPC/DPSOA and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. In this respect, we note the comments from AFPC/DPSOA indicating that it would be more appropriate for the applicant to pursue an enlistment waiver for an opportunity to be medically screened for accession (provided he was otherwise qualified), rather than circumventing this process by changing the record as requested. We also note the RE code the applicant received at separation was technically incorrect and his records will be administratively corrected to reflect the RE code 2C, which accurately reflects he received an entry-level separation with uncharacterized service. Therefore, in view of the above, we find no basis to recommend any corrections to his record beyond that which will be administratively resolved. ________________________________________________________________ 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-2013-01278 in Executive Session on 19 Dec 13, under the provisions of AFI 36-2603: , Chair , Member , Member ? The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01278 was considered: Exhibit A. DD Form 149, dated 8 Oct 12, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AETC/SGPS, dated 9 May 13. Exhibit D. Letter, AFPC/DPSOA, dated 30 May 13. Exhibit E. Letter, SAF/MRBR, dated 17 Jun 13. Chair