RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00507
            INDEX CODE:  110.02

      XXXXXXXXXXXXX    COUNSEL: NOT INDICATED


      XXXXXXXXXXXXX    HEARING DESIRED:  NONE

MANDATORY CASE COMPLETION DATE:  15 AUG 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to  one  that  would
allow him to reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believed his previous ankle injury had completely  healed  but  was
subsequently discharged after injuring the same ankle while  in  basic
training.  He does not believe he should be  permanently  barred  from
enlisting after the condition is resolved.

In support of his request, the applicant submits a Character Reference
letter, a Personal Statement, a copy of his DD Form  214,  Certificate
of Release or  Discharge  from  Active  Duty  and  excerpts  from  his
military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
16 March 2004.  On 14 May 2004, the  applicant  was  notified  by  his
commander that he was recommending he be discharged from the Air Force
for erroneous enlistment. The basis for the action was on 10 May  2004
a medical narrative survey found the applicant did  not  meet  minimum
medical standards to enlist.

He was advised of his rights in this matter.  He waived his rights  to
consult counsel, and elected not  to  submit  statements  in  his  own
behalf.  The discharge authority approved the discharge  and  directed
an entry-level separation.  On 20 May 2004, he was discharged with  an
uncharacterized entry-level separation, under the provisions of AFI 36-
3208, Administrative Separation of  Airmen,  (Failed  Medical/Physical
Procurement Standards).

He received 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”.

He served two months and five days total active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant
states AFI 48-123, Medical Examinations and  Standards,  Attachment  3
identifies the ankle conditions that are disqualifying for enlistment;
paragraph A3.27.1.3 defines mobility  requirements  (applicant  failed
dorsiflexion criterion), paragraph A3.27.4.2 defines general  function
in walking, running and weight bearing, and  A3.28.1  defines  chronic
arthritis, that preventing satisfactory performance of  military  duty
and that which will result in interference with military duty.  In the
applicant’s  case  the  presence  of  ankle  pain   onsetting   before
enlistment, documented to be chronic based on evidence of the  medical
record  as  well  as  x-ray  findings  of  degenerative  changes   and
interfering with training identified within the first  two  months  of
military duty, warrants an entry level separation for  Existing  Prior
to Service condition.   Therefore,  the  RE  code  4C  assignment  was
justified.  The  chronic  and  recurring  nature  of  the  applicant’s
condition combined with radiographic evidence  of  degenerative  joint
disease  and  the  limited  range  of  motion  are  disqualifying  for
enlistment and is very likely to interfere with  any  future  military
activities as well as recreational sports activities.

According to the Medical Consultant, AFI 36-2002,  Regular  Air  Force
and  Special  Category  Accessions,  Attachments  2,  paragraph   A2.1
describes conditions that make applicants ineligible to enlist.  These
include those “discharged or separated from any branch  of  the  armed
forces  with  a  reenlistment  eligibility  (RE)  code  or  separation
designator/number (SPF) barring reenlistment”  A2.1.13).  Waivers  are
considered for; Separated  for  physical  condition  during  basic  or
technical training.  Applicant must furnish proof the physical  defect
responsible for separation no longer exists and have HQ AETC  Physical
Standards  Division  (SGPS),  certification   of   acceptability   for
enlistment.

However, in light of the applicant’s documented ankle loss of range of
motions and radiographic changes it is considered highly unlikely that
the physical defect responsible for separation no longer exists, since
the documented degenerative changes on x-ray will not resolve and  are
reflective of either a  significant  prior  injury  to  the  joint,  a
chronic mechanical problem, or another degenerative process  affecting
the joint.

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

The Medical Consultant’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he visited a physician whose observation combined
with radiographic evidence indicated no signs  of  degenerative  joint
disease.   He  admits  his  ankle  has  limited  range  of  motion  or
hypermobility that makes it slightly more susceptible to  injury  when
the foot steps or lands on uneven ground, but believes he  is  capable
of serving his country if given the opportunity to enlist in  the  Air
Force.

The applicant’s complete response, with attachment, is at Exhibit E.

_________________________________________________________________

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 an  error  or  injustice.   We  took  notice  of  the
applicant’s complete submission in judging the  merits  of  the  case.
However, we agree with the  BCMR  Medical  Consultant’s  opinions  and
recommendation and adopt the consultant’s rationale as the  basis  for
our conclusion that the applicant has not been the victim of an  error
or  injustice.   We  further   note   the   applicant’s   reenlistment
eligibility code “4C” is a waiverable code and if he wishes to reenter
military service,  the  respective  service  may  waive  the  RE  code
depending upon the recruiting needs of the service at the time and the
applicant may be allowed to reenlist.  Therefore, in view of the above
and 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 Docket  Number  BC-2005-
00507 in Executive Session on 28 March 2006, under the  provisions  of
AFI 36-2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Ms. Renee M. Collier, Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 5 Feb 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 19 Jan 05.
      Exhibit D. Letter, SAF/MRBR, dated 23 Jan 06.
      Exhibit E. Letter, Applicant, dated 22 Feb 06, w/atchs.



      JAY H. JORDAN
      Panel Chair