RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01131
INDEX NUMBER: 110.00
XXXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of “4C,” (separated for
concealment of juvenile records, minority, failure to meet physical
standards for enlistment, be changed to one in the “1” or “3” series
so that he can reenlist in the Air Force.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He does not feel that he had a long-term problem with his back and
that any pain he had during basic training has now healed. He has not
had any problems since he left basic training. He has been lifting
weights and seeing a Chiropractor and has not had any further back
problems.
In support of his appeal, the applicant has provided a letter from his
Chiropractor.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 26 Apr 95. He
was evaluated by the orthopedic clinic on 19 May 95 and found to have
Bertolotti’s Syndrome, which existed prior to service (EPTS). The
applicant was referred to a medical evaluation board (MEB), which
diagnosed him with Bertolotti’s Syndrome, EPTS. It was recommended
that the applicant be returned to duty for further action under other
directives. A legal review by the installation assistant staff judge
advocate for a possible fraudulent entry discharge found that the
applicant’s condition existed prior to service. On 30 May 95, the
applicant’s training squadron commander notified him that he was
recommending his discharge from the Air Force for erroneous
enlistment. The applicant acknowledged receipt on 30 May 95 and
waived his right to consult counsel and to submit statements in his
behalf. On 30 May 95, the training squadron commander recommended to
the discharge authority that the applicant be discharged. On 31 May
95, the discharge authority approved the applicant’s discharge. On 2
Jun 95, the applicant was discharged with a “4C” RE code for failure
to meet physical standards.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. The applicant developed low back pain that interfered with
training after approximately two weeks of basic training. He was
diagnosed with a congenital spinal abnormality that is associated with
low back pain, a syndrome called Bertolotti’s Syndrome. The applicant
had low back pain for one and one-half years prior to entering basic
training that persisted for at least 3 years after discharge. His
chiropractor reports that rehabilitation has stabilized the
applicant’s back condition. The applicant’s congenital spine
abnormality and history of associated pain is predictive of a
significant risk for recurrence of back pain and the BCMR Medical
Consultant does not recommend a change in the applicant’s records.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
29 Aug 03 for review and comment within 30 days. To date, a response
has not been received.
_________________________________________________________________
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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the
primary basis for our conclusion that the applicant has not been the
victim of an error or injustice. Additionally, the applicant’s
present RE code is waiverable. He has not presented any evidence that
he has previously requested and been denied a waiver. Therefore, in
the absence of evidence to the contrary, we find no compelling basis
to recommend granting the relief sought in this application.
_________________________________________________________________
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-2003-
01131 in Executive Session on 8 October 2003, under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Martha Maust, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Apr 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
dated 11 Jun 03.
Exhibit D. Letter, SAF/MRBR, dated 29 Aug 03.
THOMAS S. MARKIEWICZ
Chair
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