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AF | BCMR | CY2003 | BC-2003-00731
Original file (BC-2003-00731.DOC) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00731
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility code of 2C  be  changed  to  3K  and  his
reason for separation be changed to Secretarial Authority.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to a lack of information and understanding  his  decision  was  to
elect discharge.

In support of the appeal, applicant submits a  personal  statement,  a
copy of his Chronological Record of Medical Care, and a  copy  of  his
Basic  Training  Record.   Applicant's   complete   submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18  June  2002,  for  a
period of six years  and  began  basic  training.   At  the  time  the
applicant underwent  a  routine  entry  medical  examination,  he  was
diagnosed with sickle cell trait.   On  21  June  2002,  he  signed  a
Statement of Understanding of Sickle-Cell Trait and Discharge  Options
in which he acknowledged that it had been explained and he  understood
“the  effects  intense  exercise  may  have   on   sickle-cell   trait
individuals.  I may elect discharge or request  to  remain  on  active
duty.”  The applicant initialed the option electing discharge.   On  2
July 2002, the discharge authority approved  the  applicant’s  request
for separation based on his determination that separation was  in  the
best interest of the Air Force.

The applicant was separated from the Air Force on 12 July  2002  under
the provisions of AFI 36-3208,  Administrative  Separation  of  Airmen
(Miscellaneous/General Reasons), with an uncharacterized  entry  level
separation.  He had served 25 days of total  active  service.   An  RE
code of 2C was assigned.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant states that prior to 1995  no  opportunity
to separate was offered trainees identified  with  sickle  cell  trait
after entering active duty because sickle cell trait is typically  not
disqualifying for entry and general active military service.  In 1995,
as a result of deaths during basic training attributed to the presence
of sickle trait, a new policy and procedure was established to educate
trainees regarding the risk  of  sickle  cell  trait,  and  physically
rigorous training, and to provide such individuals with the option  to
separate if they did not  want  to  be  exposed  to  that  risk.   The
established procedure for trainees identified with sickle trait  while
in  basic  training  includes  a  second  confirmatory  lab  test,  an
educational briefing by a nurse, review of an educational video  tape,
provision of a fact sheet, and an opportunity to  have  all  questions
answered.  The trainees are then provided three days to consider  this
very important decision before making their final decision.  According
to policy, their decision  to  separate  is  irrevocable.   Apparently
members separated with an entry-level separation regardless of  reason
for discharge are given a reentry code of 2C.

The available documentation indicates that the applicant was initially
briefed on 21 June 2002 regarding his  diagnosis  and  his  option  to
separate.  He indicated on that date his preference to  separate.   On
25 June 2002, his commander  counseled  him  regarding  his  decision.
There is no evidence that he was not given an opportunity to decide to
remain on active duty by his commander on  25  June  2002,  four  days
after the initial counseling.  Five days after he received his initial
briefing, he  signed  the  official  document  requesting  separation.
Thus, it appears that the  applicant  was  given  the  three  days  to
consider his decision that is provided by current standard procedure.

The BCMR  Medical  Consultant  is  of  the  opinion  that  action  and
disposition  in  this  case  are  proper  and   equitable   reflecting
compliance with Air Force directives that implement the law.  The BCMR
Medical  Consultant  recommended  an  advisory  from  the  Air   Force
Personnel Center regarding policy that prohibits reentry  under  these
circumstances.

A complete copy of the evaluation is attached at Exhibit C.

AFPC/DPPRS states that they believe the discharge was consistent  with
the  procedural  and  substantive  requirements   of   the   discharge
regulation.  Additionally, the discharge was within the discretion  of
the discharge authority.   The  BCMR  Medical  Consultant  is  of  the
opinion that no change in his records is warranted.   Therefore,  they
recommend denial of applicant’s request.

A complete copy of their evaluation is attached at Exhibit D.

AFPC/DPPAE states that the Reenlistment Eligibility (RE) code  of  2C,
“Involuntary separated with an honorable  discharge;  or  entry  level
separation  without  characterization  of  service”  is  correct  (see
Exhibit E).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 August 2003, copies of the Air Force evaluations were  forwarded
to the applicant for review and response within 30 days.  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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of injustice.  Although there  is  no  indication  that  the
applicant’s RE code is erroneous, we believe approval of the requested
relief would be appropriate based on the following discussion.  As was
noted by the Medical Consultant,  the  fact  that  the  applicant  was
diagnosed with sickle cell  trait  did  not  mandate  his  separation.
Instead, after counseling, he was required to make a  decision  as  to
whether to remain in the service or request separation.  The applicant
was an 18-year old enlistee who had been enrolled  in  basic  military
training three days when he  was  informed  of  his  status  vis-à-vis
sickle cell trait, the potential effects of  the  trait,  and  of  his
options.  Several days later, he was counseled and required to make  a
decision to either continue  in  the  service  or  request  separation
within three days.  While the applicant was given the time  authorized
by policy to make his decision, we accept that, in view of  his  youth
and in consideration of his concerns because of the information he was
given as well as the confusion most enlistees  experience  during  the
first few days in training, he may not have been  fully  counseled  or
gained a good understanding of the  ramifications  of  the  diagnosis.
The applicant states he made a hasty decision  that  he  now  regrets.
Having no reason to doubt his integrity and in view  of  his  apparent
motivation and willingness to serve his Country,  we  believe  his  RE
code should be changed to one which may be  waived.   Of  course,  the
decision as to whether he will be successful in his attempt to reenter
the military service is based primarily on the needs of the branch  of
the Armed Force to which he  applies.   Accordingly,  the  applicant’s
requests should be corrected as follows.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that at the time of
his  discharge  on  12  July  2002,  he  was  issued  a   Reenlistment
Eligibility (RE) code of “3K.”

_________________________________________________________________

The following members of the Board considered  this  application,  BC-
2003-00731, in  Executive  Session  on  16  October  2003,  under  the
provisions of AFI 36-2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Ms. Martha J. Evans, Member
              Ms. Renee M. Collier, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 26 Feb 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 16 Jun 03.
   Exhibit D.  Letter, AFPC/DPPRS, dated 1 Jul 03.
   Exhibit E.  Letter, AFPC/DPPAE, dated 11 Aug 03.
   Exhibit F.  Letter, SAF/MRBR, dated 22 Aug 03.




                                   CHARLENE M. BRADLEY
                                   Panel Chair







AFBCMR BC-2003-00731
INDEX CODE:  112.00



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, be corrected to show that at the time of his
discharge on 12 July 2002, he was issued a Reenlistment Eligibility
(RE) code of “3K.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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