RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02932
INDEX CODE: 110.00
APPLICANT COUNSEL: NONE
SSN HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
The reenlistment eligibility (RE) code he received be changed to allow
him to reenter military service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He wishes to reenter the Air Force. His diabetes would not hinder his
work performance. He further states that this is a clear-cut case of
discrimination against him based on his disease.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 7 June 2000, as an
airman first class (A1C) for a period of six (6) years.
In August 2000, the applicant was notified of his commander’s intent
to recommend him for an Entry Level Separation based on fraudulent
entry.
The commander stated the specific reason for the proposed discharge
was that the applicant intentionally concealed a prior service medical
condition, which if revealed, could have resulted in rejection of his
enlistment. The applicant was discovered to have diabetes mellitus.
A 4 August 2000 entry in his medical records reveals that the
applicant was hospitalized for cellulitis. The entry indicates during
his hospital stay, routine tests showed an increase in glucose. The
entry also indicated the applicant knew about his condition and
stopped taking insulin prior to his entry into the Air Force. The
applicant was released from the hospital using insulin.
The commander advised the applicant of his right to consult legal
counsel, and if he so desired an appointment would be made upon
request. He was advised that failure to consult with counsel or
submit statements could constitute his waiver of his rights to do
so.
On 11 August 2000, the applicant acknowledged receipt of the letter
of notification and invoked his right to submit statements on his
behalf.
A legal review was conducted in which the staff judge advocate
recommended the applicant be separated with an entry level separation.
On 28 August 2000, the discharge authority approved the discharge.
The applicant was separated with an uncharacterized entry level
separation on 30 August 2000 for fraudulent entry into the Air Force,
in the grade of A1C and issued an RE code of “2C”, Involuntarily
separated with an honorable discharge; or entry level separation
without characterization of service.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Medical Consultant, AFBCMR, states the applicant was
discharged because he concealed his history of insulin dependent
diabetes. Any type of diabetes is disqualifying for entry into
military service. Insulin diabetes in particular is incompatible with
the rigors of military service. The disposition of the applicant’s
case was proper and equitable and in compliance with Air Force policy.
The Medical Consultant recommends no change in the applicant’s
records.
A complete copy of the Air Force evaluation is attached at Exhibit C.
HQ AFPC/DPPRS states the Department of Defense (DOD) determined that,
if a member served less than 180 days of continuous active service, he
would receive an entry-level separation/uncharacterized service
characterization when separation was initiated. The separation is
uncharacterized because it would be unfair to the member and the
service to try and characterize the limited time served. DPPRS
further states the discharge was consistent with procedural and
substantive requirements of the discharge regulation. Also, the
discharge was within the sound discretion of the discharge authority.
Nor, has the applicant provided any evidence identifying any errors or
injustices in the processing of his discharge. Based on the evidence
provided they recommend the requested relief be denied (Exhibit D).
AFPC/DPPAES states the reenlistment eligibility code "2C" is the
applicable code for a member separated involuntarily with an honorable
discharge, or entry level separation without characterization of
service (Exhibit E).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
14 February 2003, for review and response. 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 error or injustice. After careful consideration of
the circumstances of this case and the evidence provided by the
applicant, we are not persuaded that the discharge action and the
resulting reenlistment code he received were in error or unjust.
Applicant’s contentions are duly noted; however, we agree with the
opinions and recommendations of the Air Force and adopt their
rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. In this respect, we note
the applicant admitted he intentionally hid the fact that he was
diabetic and stopped taking his insulin prior to entering the Air
Force. As noted by the BCMR Medical Consultant, the applicant had a
chronic medical condition which was disqualifying for entry into the
Air Force. Therefore, in view of the above and in the absence of
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
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 issue(s) 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 AFBCMR Docket Number 02-
02932 in Executive Session on 25 March 2003 under the provisions of
AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Ms. Ann-Cecile McDermott
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Sep 02.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 25 Nov 02.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 18 Dec 02.
Exhibit E. Letter, HQ AFPC/DPPAE, dated 3 Feb 03.
Exhibit F. Letter, SAF/MRBR, dated 14 Feb 03.
ROBERT S. BOYD
Panel Chair
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