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AF | BCMR | CY2004 | BC-2003-01139
Original file (BC-2003-01139.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01139
            INDEX CODE:  100.03, 100.06
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His medical condition has changed and he  feels  his  RE  code  of  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), is now incorrect.

In support of his request, applicant provided a  medical  report  from
his doctor and a copy of a letter from his recruiter.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
26 March 2002 for a term of 4 years.  On 8 April 2002, the applicant's
commander notified him that he was recommending he be  discharged  for
failed physical standards (erroneous enlistment).  The reason for  the
action was that he received a medical narrative summary, dated 1 April
2002, which found that he did not meet minimum  medical  standards  to
enlist because of a history  of  recurrent  shoulder  dislocation  and
pain.  Carrying a backpack in basic  training  exacerbated  his  pain.
His commander did not ask the Air  Force  to  give  him  a  disability
separation because the medical staff found him unqualified.  Applicant
waived  his  right  to  consult  legal  counsel  and  did  not  submit
statements for consideration.  The discharge  authority  approved  the
separation on 8 April  2002  and  ordered  an  entry-level  separation
(uncharacterized).

On 10 April 2002, the applicant was administratively discharged  under
the provisions of AFI 36-3208,  Administrative  Separation  of  Airmen
(failed   medical/physical    procurement    standards),    with    an
uncharacterized entry-level separation and  an  RE  code  of  4C.   He
served 15 days of total active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The  BCMR  Medical  Consultant  reviewed   applicant’s   request   and
recommends denial.  The applicant had a history of recurrent posterior
shoulder dislocations in high school due to a  congenital  hypoplastic
posterior labrum.  Surgery in February  2001  successfully  stabilized
the joint and there is no report of recurrent dislocations  since  the
surgery.  The applicant entered active duty on 26 March 2002,  but  in
less than one week he was experiencing pain and weakness of  the  left
shoulder  that  interfered  with  military  training.   The   shoulder
examination at the time was unremarkable except for  pain,  and  there
had not been any recurrent dislocation reported by  the  applicant  or
demonstrated by exam and x-rays.  The  evaluating  orthopedic  surgeon
indicated that the applicant did not want to continue in training.

Although the applicant’s surgery successfully stabilized the shoulder,
he experienced duty-limiting pain in less than one week  of  training.
There is no evidence  provided  that  shows  the  applicant  will  not
experience the same problem again (duty limiting pain) when exposed to
the rigors of military training and service.

The Medical Consultant evaluation is at Exhibit C.

AFPC/DPPAE recommends denial.  After reviewing the  case,  the  AFBCMR
Medical Consultant determined  that  the  entry-level  separation  was
appropriate, as the history  of  pain  would  have  precluded  initial
enlistment.  The DPPAE evaluation is at Exhibit D.

AFPC/DPPRS  recommends   denial.    Airmen   are   given   entry-level
separation/uncharacterized service characterization when separation is
initiated  in  the  first  180  days  of  continuous  active  service.
Therefore, his uncharacterized character of service is correct and  in
accordance with Department of Defense and Air Force instructions.   An
entry-level/uncharacterized  separation  should  not  be   viewed   as
negative and should not be confused with other  types  of  separation.
The DPPRS evaluation is at attachment E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
21 Nov 03, for review and comment within 30 days.  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.  Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice.  After reviewing the evidence of record, it
appears that his separation was proper  and  in  compliance  with  the
appropriate regulations in effect at the  time.   However,  supporting
documentation provided by the applicant’s doctor  supports  his  claim
that his shoulder has healed and his medical  condition  has  changed.
While there was no evidence  provided  that  the  applicant  will  not
experience the same problem when exposed to  the  rigors  of  military
training, we believe that he should be  provided  the  opportunity  to
reapply for  entry  in  the  Armed  Forces.   Whether  or  not  he  is
successful  will  depend  on  the  needs  of  the  service   and   our
recommendation in no way guarantees that he will be allowed to  return
to any branch of service.  Therefore, we recommend that his RE code of
4C be changed to 3K a code  that  can  be  waived  for  prior  service
enlistment consideration.
_________________________________________________________________

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 10 April 2002, he was issued an Reenlistment  Eligibility
(RE) code of "3K".
_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
01139 in Executive Session on 6 January 2004, under the provisions  of
AFI 36-2603:

                 Ms. Peggy E. Gordon, Panel Chair
                 Mr. James W. Russell III, Member
                 Mr. J. Dean Yount, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 24 Mar 03 w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 15 Aug 03.
      Exhibit D. Letter, AFPC/DPPAE, dated 5 Nov 03.
      Exhibit E. Letter, AFPC/DPPRS, dated 3 Sep 03.
      Exhibit F. Letter, SAF/MRBR, dated 21 Nov 03.




      PEGGY E. GORDON
      Panel Chair



AFBCMR BC-2003-01139




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 10
April 2002, he was issued an Reenlistment Eligibility (RE) code of "3K".







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency



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