RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00785
COUNSEL: No
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed so that he may pursue a
career in the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He enlisted in the Air Force with no complications or set backs or need for
an appeals due to injury or legal action. He made note of a slight back
problem that was on its way to recovery. He told his recruiter about it
and he said it was of no consequence, as long as it did not keep him from
performing his duties. And it did not, however he made an unofficial
request to have a non-physical job, such as administrative or intelligence
(he speaks Farsi and Arabic) not something having to due with regular
physical strain. This was made clear to him that it would not be a problem
and he could choose from a list of such jobs. He went through basic
training without a problem and he excelled in his flight as the Academic
Monitor and Chapel Guide. He also received his Marksmanship ribbon at
warrior week.
In support of his appeal, he submits Special Order AB-31757, a personal
data sheet, DD Form 214, Certificate of Release or Discharge from Active
Duty and a personal letter.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on 17
Jul 01 for a period of 4 years. He was separated from the Air Force on 9
Nov 01 under the provisions of AFI 36-3208, Administrative Separation of
Airmen (erroneous entry) with an uncharacterized entry-level separation.
He served 3 months and 23 days total active service. However, the
applicant's military record does not contain a notification letter or
separation package.
The remaining relevant facts pertaining to this application, extracted from
the applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C and D.
_________________________________________________________________
AIR FORCE EVALUATION:
BCMR Medical Consultant is of the opinion that the weight of the evidence
does not clearly dictate a specific course of action at this time. The
narrative reason for discharge of erroneous enlistment does not seem
accurate. The applicant entered active duty 17 Jul 01 and completed basic
training without difficulty. During basic training, his excellent
performance earned him the position of Academic Monitor. Although he had
requested career fields that were not physically demanding, he was selected
for security forces training. In the fourth week of security forces
training he developed mid back pain and shooting pains from his finger to
the back. He first presented for medical care 20 Sep 01. That clinic
entry states that he had back pain that existed prior to service and that
he had discussed the back pain with his recruiter and the Military Entrance
Processing Station (MEPS) personnel, and was told if the pain was not
problematic, to proceed with enlistment. He received appropriate treatment
and was placed on limited duty. Due to ongoing pain, he was referred to
physical therapy on September 27. On follow up October 16, he continued to
experience pain felt to be duty limiting and was referred for orthopedic
surgery evaluation. His orthopedic evaluation on October 17, 2001
concluded with a diagnosis of "chronic back pain, mild spinal asymmetry,
and recommended discharge from the Air Force due to EPTS" (existing prior
to service condition). As a result, entry-level separation was initiated.
However, it does not appear that there were any significant facts unknown
to the Air Force at the time of his entry that would have resulted in
denial of entry into the Air Force and characterizing his entry as
erroneous appears to be inaccurate.
Although the action and disposition in this case were proper and equitable
reflecting compliance with Air Force directives that implement the law, the
outcome may well have been different had his request for a less strenuous
career field been granted. Were his requests be granted and he reenter
active duty and experienced recurrent back pain that interfered with
training or duty, the process of separating him from active duty would
occur again. The expense of accession and training would again be lost.
Therefore, if the Board decides in the applicant's favor, the Medical
Consultant recommends that his entry be contingent on orthopedic evaluation
through the MEPS with the use of the standards of enlistment, Attachment 3
of AFI 48-123 even though the applicant is within 6 months of separation.
BCMR Medical Consultant complete evaluation is at Exhibit C.
AFPC/DPPRSP stated that based on the documentation in the file, we believe
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation. Additionally, the discharge was
within sound discretion of the discharge authority. Airmen are given entry-
level separation/uncharacterized service characterization when separation
is initiated in the first 180 days of continuous active service. The
Department of Defense (DOD) determined if a member served less than 180
days continuous service, it would be unfair to the member and the service
to characterize their limited service. The applicant did not submit any
new evidence or identify any errors or injustices that occurred in the
discharge processing.
AFPC/DPPRSP complete evaluation is at Exhibit D.
AFPC/DPPAE stated that the applicant separated on 9 Nov 01, after serving 3
months and 23 days active service. The RE code of 2C, "Involuntarily
separated with an honorable discharge; or entry level separation without
characterization of service" is correct.
AFPC/DPPAE complete evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 9 Aug 02, for review and comment within 30 days. 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. Sufficient relevant evidence has been presented to demonstrate the
existence of injustice. While the RE code assigned to the applicant, at
the time was technically correct and in accordance with the applicable
instructions, we believe it would be an injustice for him to continue to
suffer its effects in the way of enlistment opportunities in the armed
forces. It appears that his physical ability to progress in his security
police training was affected in part by a medical condition, which we note
no longer exists. We note also that he wishes to pursue a career in the
military using his Farsi and Arabic language skills and, in view of the
totality of the circumstances present in this case, we believe that he
should be given the opportunity to apply for enlistment. Whether or not he
is successful 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 the service. Therefore, the reason for his separation should
be changed to Secretarial Authority and his RE code of 2C should be changed
to 3K, a code that can be waived for prior service enlistment
consideration.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 9 November 2001, he was separated
under the provisions of AFR 36-3208, paragraph 1.2 (Secretarial Authority)
with a separation code of JFF and a reenlistment eligibility (RE) code of
3K.
_________________________________________________________________
The following members of the Board considered Docket Number 02-00785 in
Executive Session on 31 October 2002, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. John E. B. Smith, Member
Mr. Frederick R. Beaman III, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 March 2002, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, 8 May 02.
Exhibit D. Letter, AFPC/DPPRSP, dated 24 May 02.
Exhibit E. Letter, AFPC/DPPAE, dated 6 Aug 02.
Exhibit F. Letter, SAF/MRBR, dated 9 Aug 02.
CHARLENE M. BRADLEY
Panel Chair
AFBCMR 02-00785
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that be corrected to show that
on 9 November 2001, he was separated under the provisions of AFR 36-3208,
paragraph 1.2 (Secretarial Authority) with a separation code of JFF and a
reenlistment eligibility (RE) code of 3K.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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