RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-03468

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized discharge be changed and  his  Reenlistment  Eligibility
(RE) Code be upgraded from 4C to 1.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He never should have been discharged.

The applicant states that the Memphis Military Entrance  Processing  Station
(MEPS) approved him; but a doctor in boot camp did not know he  had  already
passed the combat controller entry physical.   Prior  to  entering  the  Air
Force, he was a football and track star and his ribs were never  a  problem.
He is unable to get  a  job  with  the  police  department  because  of  his
uncharacterized discharge.

In support of  the  appeal,  the  applicant  submits  a  Medical  Examiner’s
Certificate, dated 24 September 2001, and clinical record, dated 28  October
2002.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 14 March 1994, the applicant enlisted in the  Regular  Air  Force  for  a
period of four years.

A Medical Evaluation Board (MEB) convened on  6  April  1994,  to  determine
whether the applicant should be retained due to left  rib  pain.   Based  on
the diagnosis of congenital rib deformity, symptomatic and interfering  with
training, Existed Prior to Service  (EPTS),  they  recommended  that  he  be
returned to duty for action under other directives.


On 11 April 1994, the commander notified him that  administrative  discharge
action  was  being  initiated  against   him   for   erroneous   enlistment.
Specifically, an MEB found that he did not meet  minimum  medical  standards
due to congenital rib deformity, symptomatic and interfering with  training.
 After consulting with military  legal  counsel,  he  waived  his  right  to
submit statements in his own behalf.

The discharge authority approved the discharge on 12 April 1994.

On 13 April 1994, the applicant  received  an  uncharacterized  entry  level
separation under  the  provisions  of  AFR  39-10  (Failed  Medical/Physical
Procurement Standards).   He  was  issued  an  RE  Code  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  (AFRAT),  or   void
enlistments).  He completed one month of active service.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in  the  record
is warranted purely on the grounds of  propriety  or  equity  of  discharge.
However, given the apparent relatively minor nature of his  rib  problem,  a
change of his RE Code would allow him to resubmit to medical  evaluation  at
a MEPS and reattempt meeting the physical fitness standards.  The  applicant
has a congenital deformity of the left side of his rib cage  that  he  aptly
describes as a dent (flattening with some inward curving).  Because  of  the
pain of this area of his ribs with the physical activity, he was  unable  to
complete Basic  Military  Training  (BMT).   Furthermore,  the  evidence  of
record indicates that the applicant desired separation and  in  addition  to
his rib pain, it appears  that  he  also  requested  separation  because  of
family concerns.  The action and disposition in this  case  are  proper  and
equitable reflecting compliance with Air  Force  directives  that  implement
the law.

The BCMR Medical Consultant evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation is forwarded  to  the  applicant
on 28 January 2003 for review and response within 30 days.  However,  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 not timely 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 error or injustice.  After a thorough review  of  the  evidence
of record and applicant’s submission,  we  are  not  persuaded  that  relief
should  be  granted.   The  applicant  failed   to   meet   medical/physical
procurement standards based a congenital deformity of the left side  of  his
rib cage and was separated after serving one  month  on  active  duty.   The
Department of Defense has determined that if a member served less  than  180
days continuous active service, it would be unfair to  the  member  and  the
service  to  characterize  their  limited  service.   The  reason  for   the
applicant’s separation and the  assigned  RE  code  accurately  reflect  the
circumstances of his involuntary separation for  failure  to  meet  physical
standards for enlistment.  The applicant has failed to  sustain  his  burden
that he has suffered either an error or an injustice.   Hence,  we  find  no
compelling basis to recommend granting the relief sought.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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  Docket  Number  BC-2002-03468
in Executive Session on 13 March 2003 under the provisions of AFI 36-2603:

                       Mr. David W. Mulgrew, Panel Chair
                       Mr. Billy C. Baxter, Member
                       Mr. Clarence D. Long, III, Member




The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 27 Jan 03.
    Exhibit D.  Letter, AFBCMR, dated 28 Jan 03.




                                   DAVID W. MULGREW
                                   Panel Chair