RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01492
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXXXXXX                COUNSEL: NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  13 November 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was given an RE code of “4C”  (failed  to  meet  physical  standards  for
enlistment) when he was separated from the Air  Force;  however,  his  ankle
injury was not serious enough to prevent him from being a productive  member
of the military, nor did it prevent him from performing  his  job.   He  has
been separated from the Air Force for 15 years and hasn’t been  bothered  by
his ankle.  He would like to join another branch of service.

In  support  of  his  appeal,  the  applicant  provides  copies  of  medical
documents concerning his ankle.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 3 September 1992, the applicant enlisted in the Regular Air Force at  the
age of 18 in the grade of airman basic (E-1).

On 7 October 1992, the applicant was seen at the dispensary  complaining  of
left ankle pain.  Patient history along with X-rays taken found evidence  of
past severe ankle strains in 1991 with persistent symptoms since then.   The
orthopedic clinic diagnosed the applicant with recurrent instability of  the
left  ankle  and  placed  him  on  medical  hold  pending  further   medical
evaluation.  A Medical Evaluation Board (MEB) Report, dated 8 October  1992,
diagnosed the applicant with chronic instability of the left ankle and  that
his condition was not incurred while entitled to basic  pay;  existed  prior
to service; and was  not  aggravated  permanently  by  service.   The  MEB’s
recommendation was the applicant be discharged from the  service  by  reason
of physical disability.

On 16 October 1992, his commander notified the applicant that he  was  being
recommended for discharge for erroneous enlistment, because he did not  meet
minimum  medical  standards  to  join  the   Air   Force.    The   applicant
acknowledged receipt of the notification and waived  his  right  to  consult
counsel  and  to  submit  statements  in  his  own  behalf.   The  discharge
authority approved the applicant’s discharge on 16 October 1992.

On 20 October 1992, the applicant was  discharged  with  an  uncharacterized
entry level separation with an RE code of “4C.”  He served 1 month,  and  18
days on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

AETC/SGPS  supports  changing  the  applicant’s  RE  code  to  allow  future
military duty if he is interested in reapplying.  SGPS states that  although
the applicant did have a medical condition that kept him from  participating
and completing basic training, his symptoms were more related  to  a  recent
injury versus a past problem.  Per his statements and supporting  orthopedic
evaluation, dated 21 October 2005, he appears to  be  fully  recovered,  and
does not have any  chronic  problems  with  his  ankle.   Even  though,  his
condition appears to be resolved, and he currently has no physical  activity
limitations, the decision to medically separate him in 1992 was correct.

The SGPS 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  27
July 2007 for review and response within 30 days (Exhibit D).  As of  this
date, this office has received no response.

_________________________________________________________________

THE BOARD DETERMINES 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 a medical evaluation letter from his civilian  physician  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.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

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  20
October 1992, his reenlistment eligibility (RE) code was 3K.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 4 October 2007, under the provisions of AFI 36-2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Ms. Mary C. Puckett, Member
                 Ms. Josephine L. Davis, Member


By a majority vote, the Board recommended to  grant  the  application.   Ms.
Davis voted to deny the applicant’s request but did not  wish  to  submit  a
minority report.  The  following  documentary  evidence  for  AFBCMR  Docket
Number BC-2007-01492 was considered:

     Exhibit A.  DD Form 149, dated 7 May 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AETC/SGPS, dated 9 Jul 07.
     Exhibit D.  Letter, SAF/MRBR, dated 27 Jul 07.




                                  LAURENCE M. GRONER
                                  Panel Chair


AFBCMR BC-2007-01492




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 XXXXXXXXXXXXXXXXXXXXXX, be corrected to show that at the time
of his discharge on 20 October 1992, his reenlistment eligibility (RE) code
was 3K.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency