RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-01661
            INDEX CODE: 112.10
      XXXXXXX                     COUNSEL:  NONE
                                   HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment (RE) code of “4C” which denotes "Separated for concealment
of juvenile records, failure to meet  physical  standards  for  enlistment,
failure to attain a 9.0 reading level as measured by the Air Force  Reading
Abilities Test (AFRAT), or void enlistments" be changed to any "3" RE  code
that allows him to enlist in the US Navy.

________________________________________________________________

APPLICANT CONTENDS THAT:

AFI  148-123,  Volume  2,  Medical  Examination  and  Standards   paragraph
A3.24.3.8   states   Osgood-Schlatter's   disease   is   disqualifying   if
symptomatic.  He participated  in  organized  athletics  before  and  after
enlisting in the Air Force and has not had symptoms,  pain  or  discomfort.
He did not  realize  this  condition  was  disqualifying  at  the  time  of
enlistment.  His knees were looked at several times before  basic  training
and no reasons to deny entry into the military were found.  He is currently
trying to join the Navy and believes he is fully qualified to  perform  any
job.  He does not believe the "4C" RE code correctly justifies  his  reason
for discharge.

In support of his request, the applicant submits a copy of his  application
for employment examination and copies of his DD Form  214,  Certificate  of
Release or Discharge from Active Duty.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 24 February  2004  in  the  grade  of
airman basic.

On 16 March 2004, he was notified by his commander that he was  recommending
his discharge for  Erroneous  Enlistment.   The  specific  reason  for  this
action was  that  during  basic  training,  he  was  diagnosed  with  Osgood
Schlatters disease.

On 10 March 2004, it was determined he did  not  meet  the  minimum  medical
standards and should not have been allowed to join the Air Force because  of
his medical condition.

On 23 March 2004, he was discharged  in  the  grade  of  airman  basic  with
uncharacterized service.

His  narrative  reason   for   separation   was   "Failed   Medical/Physical
Procurement.

He served one month on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AETC/SGPS states the  applicant  had  a  history  of  Osgood  Schlatter's
disease that appears to have become symptomatic during basic  training.   On
9 March 2004, he was evaluated  at  Wilford  Hall  Medical  Center  and  the
diagnosis was confirmed by x-ray.  The evaluation also notes  the  condition
was interfering with his training.  On the same  day  he  was  asked  if  he
wanted to pursue a waiver to remain in the military; however,  he  requested
he be released from military service.  SGPS  states,  although  they  cannot
support the applicant's request to have his RE code  changed  to  allow  re-
entry based on the information they received, they  can  support  the  Board
changing his RE code if he is able to produce current medical  documentation
reflecting his prior condition has been fully resolved.

The complete SGPS evaluation is at Exhibit C.

HQ AFPC/DPPAE recommends denial.  DPPAE states they did  not  find  evidence
of error or injustice; nor did the applicant submit evidence  of  any.   The
RE code for this  discharge  is  "4C".   The  Board  may  wish  to  consider
changing the applicant's RE code at such time  when  the  applicant  submits
medical documentation to support  his  claims  and  documentation  from  the
enlisting  service  that  confirms  acceptance.   Once  the  applicant   has
submitted these documents, the Board should direct the applicant's  RE  code
be changed to "3K"--"Reserved for use by HQ AFPC or the Air Force Board  for
Correction  of  Military  Records  (AFBCMR)  when  no   other   reenlistment
eligibility code applies or is appropriate." The applicant has  a  favorable
recommendation  from  the  medical  provider  for  reenlistment  after   his
condition is resolved as stated on the SF Form 600, Chronological Record  of
Medical Care.

The complete DPPAE evaluation, with attachments, is at Exhibit D

HQ AFPC/JA recommends approval.   JA  states  to  obtain  relief  from  the
AFBCMR, the applicant must show by preponderance of the evidence that there
exists some error or injustice warranting corrective action.  An airman may
be discharged from an erroneous enlistment if the  airman  would  not  have
been accepted for service if, through no fault of the airman,  facts  exist
unknown to the Air Force at the time of enlistment that,  if  known,  might
have resulted in rejection to enlistment.  In this case, the applicant  had
never been medically treated for Osgood Schlatters  disease  prior  to  his
enlistment.  The medical condition manifested during  basic  training.   At
the time of discharge, the RE code placed on  the  applicant's  record  was
appropriate.  However, in light of  the  medical  evidence  presented,  the
applicant has demonstrated  that  he  may  no  longer  suffer  from  Osgood
Schlatters disease.  Therefore in the interest  of  fairness,  his  current
medical condition, not the RE code, should control  whether  he  should  be
eligible for reenlistment in  the  service.   JA  opines  for  the  reasons
discussed above, corrective action could be taken with  regard  to  his  RE
code.

The complete JA evaluation is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  2
November 2007 for review and comment within 30 days.  As of this date, this
office has received no response (Exhibit F).

______________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has  been  presented  to  demonstrate  the
existence of an injustice warranting corrective action.   Even  though  the
applicant has provided no evidence to show that his separation was improper
or not in compliance with the appropriate regulations, it  is  the  Board's
opinion that relief is warranted in this  case.   In  this  respect,  after
careful review of the applicant's available military personnel records  and
the fact his current medical evaluation suggests that he no longer  suffers
from the effects of Osgood Schlatters disease, the Board  believes  that  a
good probability exists that he  may  be  able  to  provide  effective  and
meaningful service  to  our  nation  as  a  member  of  the  armed  forces.
Accordingly, the Board believes  that  correction  of  his  RE  code  to  a
waiverable code is warranted based on the merits of this case.  Whether  or
not he is successful in his attempts to return to the military will  depend
on the needs of the service and our recommendation  in  no  way  guarantees
that he will be allowed to return to any branch of service.  Therefore, the
Board recommends that his records be  corrected  to  the  extent  indicated
below.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 23 March 2004, he was  discharged
under the provisions of AFI 36-3208, paragraph 1-2, (Secretarial  Authority)
with a reenlistment eligibility (RE) code of 3K.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-01661
in Executive Session on 3 January 2008, under  the  provisions  of  AFI  36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Joseph D. Yount, Member
      Ms. Teri G. Spoutz, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 29 May 2007, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AETC/SGPS, dated 23 August 2007.
      Exhibit D.  Letter, HQ AFPC/DPSOA, dated 27 September 2007.
      Exhibit E.  Letter, HQ AFPC/JA, dated 26 October 2007.
      Exhibit F.  Letter, SAF/MRBR, dated 2 November 2007.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair






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Office of the Assistant Secretary

AFBCMR BC-2007-01661




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 XXXXXXX, XXXXXXX, be corrected to show corrected  to  show  that
on 23 March 2004, he was discharged under the  provisions  of  AFI  36-3208,
paragraph 1-2, (Secretarial Authority) with a reenlistment eligibility  (RE)
code of 3K.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency