RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
INDEX CODE 100.06
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01850
COUNSEL: No
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed so he can reenlist.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He answered medical questions to the best of his knowledge, passed his
physical examinations, and was accepted into the Air Force. After he
enlisted, he was told he had a lazy eye and would have to be
discharged. No one, including himself, noticed the problem. He did not
enlist fraudulently. Surgery in Dec 02 improved his condition. He
would like an RE code that allows reenlistment.
The applicant’s complete submission, including a letter from an
ophthalmologist, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
A Report of Medical Examination dated 29 Nov 00 found the applicant
qualified for service but recommended he be examined by a eye
specialist for glasses. The applicant indicated he wore glasses for
distance. The applicant enlisted in the Regular Air Force as an airman
basic on 30 Jan 01.
A 15 Feb 01 medical entry diagnosed esotropia (lazy eye) that existed
prior to service (EPTS) and which disqualified the applicant from
entering the Air Force. The physician reported the applicant had told
the recruiter he needed glasses but not the processing station, which
did not notice the problem.
On 5 Mar 01, the applicant was notified he was being recommended for
an entry-level separation (ELS) for erroneous enlistment. This was
based on the 15 Feb 01 diagnosis that found he did not meet minimum
medical standards to enlist. The applicant acknowledged his rights,
the commander recommended ELS for erroneous enlistment, and the
discharge authority approved the recommendation on 5 Mar 01. The
applicant had not completed basic training.
The applicant was separated on 9 Mar 01 for failing medical/physical
procurement standards after one month and ten days of active service.
He was issued an RE code of 4C (Separated for failure to meet physical
standards for enlistment).
Airmen are given an ELS with uncharacterized service when separation
is initiated in the first 180 days of continuous active service. The
Department of Defense determined if a member served less than 180 days
of continuous active service, it would be unfair to the member and the
service to characterize the limited service.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant observes the applicant is now nine
months post-operative with a satisfactory result bringing him within
enlistment standards. Although the discharge was proper, the applicant
may now meet enlistment medical standards and the evidence warrants a
change of RE code. The Consultant recommends approval but adds that a
change of RE code by the Board is not equivalent to a finding of
medically qualified for enlistment and does not guarantee acceptance
by the Air Force for enlistment.
A complete copy of the evaluation is at Exhibit C.
HQ AFPC/DPPRSP notes the AFBCMR Medical Consultant’s opinion and
defers to the Board to determine if the applicant should be granted
relief.
A complete copy of the evaluation is at Exhibit D.
HQ AFPC/DPPAE advises the 4C RE code was applied in accordance with
governing directives at the time of discharge, but they would not
oppose changing the RE code to 3K (Reserved for use by HQ AFPC or the
AFBCMR when no other RE code applies or is appropriate) if the Board
wanted to offer administrative relief.
A complete copy of the evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 9 Jan 04 for review and comment 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 error or injustice to warrant partial relief. The
applicant’s discharge and resultant RE code appear to have been in
compliance with the circumstances and governing directives at the
time. However, based on the recent evidence submitted, we concur with
the AFBCMR Medical Consultant’s opinion that the applicant’s
corrective surgery possibly enables him now to meet enlistment
physical standards. As this would have to be determined by the Air
Force, we do not believe an RE code allowing immediate reenlistment
would be appropriate. Instead, the waiverable code of 3K is fitting
because it would permit him to apply for enlistment and, should he
have desirable skills and be otherwise medically acceptable, the
Reserves may elect to waive his ineligibility and allow him to enlist.
The applicant should understand this RE code change in no way
obligates any of the Services to accept him for enlistment.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that, in conjunction
with his entry-level separation on 9 March 2001, he was issued a
reenlistment eligibility code of 3K, rather than 4C.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 24 February 2004, under the provisions of AFI 36-
2603:
Ms. Olga M. Crerar, Panel Chair
Mr. John B. Hennessey, Member
Ms. Cheryl Jacobson, Member
All members voted to correct the records, as recommended. The
following documentary evidence relating to AFBCMR Docket Number BC-
2003-01850 was considered:
Exhibit A. DD Form 149, dated 6 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated 22 Sep 03.
Exhibit D. Letter, HQ AFPC/DPPRSP, dated 30 Oct 03.
Exhibit E. Letter, HQ AFPC/DPPAE, dated 12 Dec 03.
Exhibit F. Letter, SAF/MRBR, dated 9 Jan 04.
OLGA M. CRERAR
Panel Chair
AFBCMR BC-2003-01850
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, in conjunction with
his entry-level separation on 9 March 2001, he was issued a
reenlistment eligibility code of 3K, rather than 4C.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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