RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01539
INDEX NUMBER: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed to allow his
reenlistment.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
The medical diagnosis of his condition was incorrect.
In support of the appeal, applicant submits a radiographic examination from
Lemoore Naval Hospital.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 14 May 2002, for a
period of six years.
He underwent a command-directed mental health evaluation on 18 June 2002,
and was diagnosed with an adjustment disorder, with anxiety.
Based on the finding of an existing prior to service (EPTS) condition,
i.e., hydronephrosis of the left kidney, he received an uncharacterized
entry-level separation on 23 July 2002, under the provisions of AFI 36-3208
(Failed Medical/Physical Procurement Standards). He was issued RE code 4C
(Separated for failure to meet physical standards for enlistment), which is
a waiverable code for prior service enlistment. He was credited with 2
months and 10 days of active service.
________________________________________________________________
AIR FORCE EVALUATIONS:
The BCMR Medical Consultant recommends the application be denied and
states, in part, that the preponderance of the evidence does not show that
the applicant is qualified for service. In addition to the diagnoses of
hydronephrosis of the left kidney and asthma, he was also diagnosed with an
Adjustment Disorder while in basic training.
The BCMR Medical Consultant evaluation is at Exhibit C.
AFPC/DPPRSP recommends the application be denied and states, in part, that
based on the documentation in the file, the discharge was consistent with
the procedural and substantive requirements of the discharge regulation.
Additionally, the discharge was within the sound discretion of the
discharge authority. Airmen are given entry-level
separation/uncharacterized service characterization when separation is
initiated in the first 180 days continuous active service.
The AFPC/DPPRS evaluation is at Exhibit D.
AFPC/DPPAE recommends the application be denied and states, in part, that
the BCMR Medical Consultant determined that the entry-level separation was
appropriate, as the history of pain would have precluded initial
enlistment.
The AFPC/DPPAE evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 21 November 2003 for review and response within 30 days.
However, 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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice to warrant upgrading the applicant’s RE
Code. After thoroughly reviewing the available evidence of record and
noting the applicant’s complete submission, we find no evidence of error or
injustice. In this respect, the discharge appears to be in compliance with
the governing instruction in effect at the time of his separation. The
applicant has provided no evidence to indicate that his separation was
inappropriate. His assigned RE code of 4C accurately reflects that he was
separated for failing to meet physical/procurement standards for
enlistment. Furthermore, RE code 4C is a code that can be waived for prior
service enlistment consideration, provided he meets all other requirements
for enlistment under an existing prior service program. Whether or not he
is successful will depend on the needs of the service and there is no
guarantee that he will be allowed to return to any branch of the service.
Absent persuasive evidence applicant was denied rights to which entitled,
appropriate regulations were not followed, or appropriate standards were
not applied, we find no basis to disturb the existing record.
_________________________________________________________________
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-2003-01539
in Executive Session on 7 January 2004, under the provisions of AFI 36-
2603:
Mr. Albert F. Lowas Jr., Panel Chair
Ms. Martha Maust, Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Apr 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 29 Sep 03.
Exhibit D. Letter, AFPC/DPPRSP, dated 30 Oct 03.
Exhibit E. Letter, AFPC/DPPAE, dated 5 Nov 03.
Exhibit F. SAF/MRBR, dated 21 Nov 03.
ALBERT F. LOWAS JR.
Panel Chair
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