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AF | BCMR | CY2004 | BC-2003-01903
Original file (BC-2003-01903.doc) Auto-classification: Approved


                             RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01903
            INDEX CODE:       100.03, 100.06
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not erroneously enlist in the Air Force  as  he  disclosed  his
knee surgery prior to enlisting.

In support of his request, applicant provided a personal statement,  a
copy of his DD Form 214, Certificate  of  Release  or  Discharge  from
Active duty and a personal statement, a copy of SF Form 8A, Report  of
Medical Examination.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 April 2002, for a
term of 4 years.  On 2 May 2002, he was notified  of  his  commander’s
intent to recommend that he be discharged from the Air Force under the
provisions of AFI 36-3208, Administrative Separation of Airmen (Failed
Medical/Physical Procurement Standards).  The reason for  this  action
was that the commander received a medical narrative summary that found
he did not meet minimum medical standards to enlist.  He  was  advised
of  his  rights  in  this  matter  and  acknowledged  receipt  of  the
notification on that same date.   He  waived  his  option  to  consult
counsel and elected to waive his right to submit statements on his own
behalf.  The discharge authority concurred with the recommendation and
directed that he be discharged with  an  entry-level  separation.   He
served 28 days on active  duty  and  was  issued  an  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.”

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant
states that the applicant injured his left knee requiring  surgery  to
repair his anterior cruciate ligament two years  before  enlisting  in
the Air Force.  The outcome of that surgery was very  good  with  good
function and joint stability and the applicant was  granted  a  waiver
for entry into the Air Force.  Shortly after starting  basic  training
he was administratively separated with an entry-level separation.  His
DD 214 appropriately lists  the  narrative  reason  for  discharge  as
“Failed Medical/Physical Procurement Standards” and  his  reenlistment
code is consistent  with  the  reason  for  discharge.   Although  the
applicant’s knee injury was  optimally  surgically  reconstructed  but
pain associated with the rigors of  military  training  prevented  him
from completing his training.  Activity limiting  pain  is  likely  to
recur when exposed to the high physical demands of military training.

Action  and  disposition  in  this  case  are  proper  and   equitable
reflecting compliance with Air Force  directives  that  implement  the
law.

The Medical Consultant evaluation is at Exhibit C.

AFPC/DPPAE recommends denial.  After  reviewing  the  case,  the  BCMR
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/DPPRSP reviewed applicant’s request and defers to  the  Board  to
determine  if  the  applicant  should  be  granted  relief  based   on
documentation provided.  The applicant did not submit any new evidence
or identify any errors or injustices that occurred  in  the  discharge
processing.

The DPPRSP evaluation is at attachment E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to the applicant  on
21 Nov 03, for review and comment within 30 days.

_________________________________________________________________

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 error or injustice to warrant some relief.  While  the
4C RE code is technically correct, and a waiverable code,  we  believe
it may reflect negatively upon the applicant.   The  narrative  reason
for RE code 4C is (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).   We  want  to
eliminate  the  possibility  of  any  misconception  surrounding   his
separation from the Air Force.  Accordingly,  we  recommend  that  his
records be corrected to the extent indicated below.

_________________________________________________________________

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

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
01903 in Executive Session on 3 February 2004, under the provisions of
AFI 36-2603:

                 Ms. Charlene Bradley, Panel Chair
                 Ms. Brenda L. Romine, Member
                 Ms. Martha Maust, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 9 Jun 03.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 22 Sep 03.
      Exhibit D. Letter, AFPC/DPPAE, dated 5 Nov 03.
      Exhibit E. Letter, AFPC/DPPRSP, dated 30 Oct 03.
      Exhibit F. Letter, SAF/MRBR, dated 21 Nov 03.



      CHARLENE BRADLEY
      Panel Chair
AFBCMR BC-2003-01903




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
6 May 2002, he was furnished a reenlistment eligibility (RE) code of 3K.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency




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