RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02434
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

                                             HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  7 MAY 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be  changed  to  permit  his  reentry
into the military.
_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time he enlisted in the military, he was not physically  prepared  to
complete basic military training.  His  inadequate  physical  condition  was
the  result  of  poor  preparation  and  not  having  maintained  an  active
lifestyle for some time prior to his enlistment.  His condition was not  due
to any physical disability or defect.

In support of his application, the applicant provides a  personal  statement
and a copy of an AFPC/DPPAE letter dated 29 August 2006.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 20 July 1995, the applicant enlisted in the Regular Air Force at the  age
of 20 in the grade of airman basic (E-1).

A Medical Board Report, dated 8 August 1995, indicates a Medical  Evaluation
Board (MEB) diagnosed the applicant  with  Patellofemoral  Arthralgia  which
existed prior to service and interfered with basic  military  training.   On
11 August 1995, his commander notified  the  applicant  that  he  was  being
recommended for discharge  due  to  his  failure  to  meet  minimum  medical
standards to join the Air Force.  The applicant acknowledged receipt of  the
notification and waived his rights to consult counsel and submit  statements
in his own behalf.  On 11 August 1995, the discharge authority approved  the
applicant’s discharge under the provisions of AFPD 36-32  and  AFI  36-3208,
Chapter 5, Section C,  Paragraph  5.14  and  ATCR  39-6  with  the  type  of
discharge being an entry level separation.   The  applicant  was  discharged
effective 16 August 1995 with an uncharacterized entry level  separation,  a
separation code of JFW (failed medical/physical procurement standards),  and
a reentry code of 4C (failure to meet physical  standards  for  enlistment).
He served 25 days on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s request.  DPPRS states  that
the  applicant  has  not  submitted  any  medical  evidence  supporting   an
incorrect medical diagnosis by the MEB.  To permit  the  applicant  re-entry
without evidence to support that his medical condition no longer  exists  or
that his condition was diagnosed in error would place  the  applicant  in  a
position that could aggravate his  condition  during  military  service  and
make the Air Force liable.  The applicant must provide the Board  documented
medical reports from military medical  authorities  before  considering  his
request.

The DPPRS evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submits two civilian  medical  evaluations  from  orthopedic
physicians indicating that he no longer suffers from  the  condition  that
caused his separation from the service.  He has become  physically  active
and maintains a strict fitness regimen consisting of running several miles
four days a week, weight training four days a week,  and  general  fitness
activities two days a week.  He is willing to appear for a formal  hearing
or to travel to a military medical  facility,  chosen  by  the  Board,  if
deemed beneficial.

_________________________________________________________________

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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  probable  injustice.   After  a  thorough   review   of   the
applicant’s submission and the evidence of  record  we  are  persuaded  that
relief is warranted.  We find no  evidence  to  show  that  the  applicant’s
discharge was erroneous or  unjust;  however,  we  note  the  applicant  has
provided  two  medical  evaluation  letters  from  his  civilian  physicians
attesting to the fact that his physical condition is no longer deficient  to
withstand the rigors of military service.  Since the applicant will have  to
pass a physical prior  to  his  reentry  into  the  military,  we  feel  the
applicant should be afforded the opportunity of having a waiverable RE  code
if the service is interested in his skills.  Therefore,  we  recommend  that
the applicant’s records be corrected as indicated below.

_________________________________________________________________

THE BOARD DETERMINES 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  16
August 1995, his RE code was 3K.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 7 February 2007, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Jan Mulligan, Member
                 Ms. Josephine L. Davis, Member


All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2006-02434 was considered:

     Exhibit A.  DD Form 149, dated 7 Aug 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 5 Dec 06.
     Exhibit D.  Letter, SAF/MRBR, dated 5 Jan 07.
     Exhibit E.  Applicant’s Rebuttal, dated 5 Dec 06, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair


AFBCMR BC-2006-02434




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 XXXXXXXXXXXXXXXXXXXXX, be corrected to show that at the time of
his discharge on 16 August 1995, his reenlistment eligibility (RE) code was
3K.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency