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AF | BCMR | CY2004 | BC-2004-01145
Original file (BC-2004-01145.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01145
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed to  one  that  would
allow her to enlist in the Air National Guard (ANG).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She enlisted in the Air Force in 1989 and  after  13  days  of  active
service was medically discharged due to chronic back pain that existed
prior to service (EPTS).  She has led a very  active  lifestyle  since
her discharge including  participation  in  fitness  competitions  and
bodybuilding.  She wonders now whether or not  she  should  have  ever
been discharged.  She notes her back bothered her  in  basic  training
but not prior to nor after basic training.

In support of her  appeal,  the  applicant  has  provided  a  personal
statement and a copy of her DD Form 214,  Certificate  of  Release  or
Discharge from Active Duty,

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 17 August 1989.  On 7 September
1989, Wilford Hall Medical Center recommended she be discharged due to
low back pain and intermittent SI pain/post traumatic, that  EPTS  and
was not permanently aggravated by service.  On or about  19  September
1989, a Medical Board concurred and recommended she be discharged from
the service by reason of physical disability which EPTS.  Based on Air
Force policy at the time of her discharge, she was  to  be  listed  as
“previous service” and not, as under  current  guidelines,  as  “prior
service”.  On 21 September 1989, she was  discharged  with  an  entry-
level discharge and a  service  characterization  of  uncharacterized.
She received an RE code of 4C, Failed to Meet Physical  Standards  for
Enlistment.  She had served a total of one month and five days.


AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPAE states that the RE code of 4C  is
correct  under  the  circumstances.   However,  should  the  applicant
complete and pass the physical standards at the Military Entrance  and
Processing Station (MEPS) and be granted a waiver of the  RE  code  by
the enlisting service component and/or  medical  authority  she  could
enter as “Non Prior  Service”  and  be  promoted  to  the  appropriate
enlisted grade commensurate with her education and  service  component
guidelines.

DPPAE’s 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 6
August 2004 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 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
basis for our conclusion that the applicant has not been the victim of
an error or injustice.   She  may  apply  for  reenlistment  into  the
military service and,  should  she  complete  and  pass  the  required
physical standards and be granted a waiver  of  her  RE  code,  it  is
possible she could  enter  as  a  non-prior  sevice  enlistee  and  be
considered for promotion based on her education.   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 AFBCMR Docket Number BC-
2004-01145 in Executive  Session  on  28  September  2004,  under  the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Terry L. Scott, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 27 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Aug 04.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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