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AF | BCMR | CY2003 | BC-2002-03871
Original file (BC-2002-03871.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-00979

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of 4C be upgraded to 1.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

During basic training he developed a hernia and was discharged.   After  his
discharge, he underwent corrective surgery and would  like  to  reenter  the
Air Force.

In support of the appeal, the applicant submits a statement from  a  surgeon
indicating that he performed corrective surgery on  the  applicant’s  hernia
on 14 November 2001, and the applicant is now able to go back to full duty.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 20 February  2001  for  a
period of 6 years.

On 21 February 2001, it was determined  he  did  not  meet  minimum  medical
standards to enlist because of symptomatic congenital umbilical hernia.

On 5 March 2001, the commander notified him that  he  was  recommending  his
discharge for erroneous enlistment with an entry-level separation.

On 9 March 2001, he received an uncharactarized entry-level separation.   He
was issued an RE  code  of  4C  (Failure  to  Meet  Physical  Standards  for
Enlistment).  He completed 20 days of active service, with 1  month  and  10
days of prior inactive service.

_________________________________________________________________

AIR FORCE EVALUATIONS:

The  BCMR  Medical  Consultant  is  of  the  opinion  that  the  applicant’s
reenlistment code can be changed so that  he  may  apply  for  reenlistment;
however, he must meet all medical and physical requirements for  enlistment.
 The BCMR Medical Consultant states, in  part,  that  the  applicant  has  a
history of congenital umbilical hernia,  to  include  two  surgical  repairs
prior to his enlistment.  The governing  instruction,  lists  hernia,  other
than small asymptomatic umbilical hernia, as disqualifying  for  enlistment.
In addition, a history of an operation for a hernia within the preceding  60
days is disqualifying.  The applicant  underwent  a  third  hernia  surgery,
which employed the Kugel patch.  Surgical repairs  are  usually  successful,
and repairs employing the Kugel patch as in the applicant’s case tend to  be
reliable.

The BCMR Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPAE recommends the application be denied, and states, in  part,  that
upon his entry-level separation, the applicant received an RE code 4C  which
appropriately  identifies  his  separation  for  failure  to  meet  physical
standards for enlistment.

The AFPC/DPPAE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 1 November  2002  for  review  and  response  within  30  days.
However, 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 thoroughly  reviewing  the  evidence
of record and noting the applicant’s  contention,  we  find  no  showing  of
either an error or injustice.  The BCMR Medical Consultant states  that  the
applicant’s RE Code can be changed so that he may  apply  for  reenlistment;
however, since the applicant has undergone three  hernia  operations  within
the last four years, we are not persuaded that his condition has  stabilized
and there is no guarantee that if he is returned  to  active  duty  and  the
physical demands associated  with  such  service,  his  condition  will  not
reoccur.  In the absence  of  such  evidence,  we  do  not  believe  he  has
sustained his burden of proving that he has suffered either an error  or  an
injustice.  The RE Code assigned at the time of his  separation  is  correct
and accurately identifies the fact that he  was  separated  for  failure  to
meet physical standards for enlistment.  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 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  Docket  Number  02-00979  in
Executive Session on 16 January 2003 under the provisions of AFI 36-2603:

                       Mr. Richard A. Peterson , Panel Chair
                       Mr. Charlie E. Williams, Jr., Member
                       Mr. Laurence M. Groner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 12 Jul 02.
    Exhibit D.  Letter, AFPC/DPPAE, dated 28 Oct 02.
      Exhibit E.  Letter, SAF/MRBR, dated 1 Nov 02.




                                   RICHARD A. PETERSON
                                   Panel Chair

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