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AF | BCMR | CY2006 | BC-20005-01498
Original file (BC-20005-01498.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01498
            INDEX CODE:  100.03, 100.06
            COUNSEL:  NONE
            HEARING DESIRED:  NO

      MANDATORY CASE COMPLETION DATE: 26 Jan 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed so that he may reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His assigned RE code will not allow him to reenlist.  He was injured  at  no
fault of his own and discharged with further hopes of reenlisting.

In support of  his  request,  applicant  provided  copies  of  documentation
extracted from  his  military  personnel  records  and  a  letter  from  his
Senator.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  27
Jul  04.   Applicant's   military   personnel   records   are   absent   any
documentation  pertaining  to  his  discharge  from  the   Air   Force   and
documentation maintained at the base where  separated  has  been  destroyed.
His DD Form 214 reflects that on 23 Nov 04 he was discharged  from  the  Air
Force with an uncharacterized entry level separation  under  the  provisions
of  AFI  36-3208,  Section  5C,  Defective  Enlistment  Agreement.   He  was
assigned  RE  code  2C  which  denotes  "Involuntarily  separated  with   an
honorable discharge; or entry level separation without  characterization  of
service."  He served 3 months and 27 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states he  entered  active  duty  under  a  Guaranteed  Training  Enlistment
Agreement in the pararescue specialty.  His Guaranteed  Training  Enlistment
Agreement states in Section 1(C)(2) "If I am disqualified from  training  to
the apprentice skill level through no fault of my own and for  reason  other
than academic deficiency, I may be involuntarily  discharged  from  the  Air
Force.  If the Air Force  does  not  discharge  me,  I  may  choose  to  (a)
complete my enlistment in another available AFS based on the  needs  of  the
Air Force that I am qualified for  and  agree  to  accept,  or  (b)  request
separation from the Air Force."  Due to  appendicitis  and  surgery  he  was
unable to complete training.  Documentation in his medical records  indicate
plans for  reclassification  into  another  specialty  but  due  to  limited
available documentation it is not known if he requested  separation  or  was
involuntarily discharged in accordance with  the  terms  of  his  enlistment
contract.

Although he  may  have  recovered  from  his  appendectomy,  he  experienced
significant left shoulder pain while on active duty and reported  a  history
of left shoulder pain associated with  playing  water  polo  while  in  high
school.  He did not report this history of left shoulder pain on  enlistment
medical documents.  The severity of reported shoulder pain  indicated  that,
had  he  not  developed  appendicitis,  he   would   have   been   medically
disqualified from the physically demanding pararescue training  due  to  his
shoulder problem.  The fact that he did not report his history  of  shoulder
pain at the time of enlistment could  have  formed  a  basis  for  discharge
under the provisions of defective enlistment.

The Medical Consultant'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  9  Jun
06 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice  warranting  a  change  in  the  applicant's
assigned RE code.  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 BCMR Medical Consultant and  adopt  his  rationale  as
the basis for our conclusion that the applicant has not been the  victim  of
an error or injustice.   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-2005-
01498 in Executive Session on 26 Jul 06 and 28 Jul 06, under the  provisions
of AFI 36-2603:

      Mr. Jay H. Jordan, Panel Chair
      Ms. Renee M. Collier, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Feb 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 8 Jun 06.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jun 06.




                                       JAY H. JORDAN
                                       Panel Chair

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