RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01078
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her reentry (RE) code of 2C (involuntarily separated with a
honorable discharge; or entry level separation without
characterization of service) be changed to a 4C RE Code
(separated for concealment of juvenile records, minority,
failure to meet physical standards for enlistment, failure to
obtain a 9.0 reading grade level as measured by the Air Force
Reading Abilities Test (AFRAT), or void enlistments).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She should not be penalized for her recruiters error and lack
of judgment for withholding information.
She would like to reenter another branch of the military.
In support of her request, the applicant provides copies of two
medical evaluations and a DD Form 293, Application for the
Review of Discharge or Dismissal from the Armed Forces of the
United States.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 16 Jun 09, the applicant entered the Regular Air Force.
On 15 Sep 09, the applicant was seen at the Behavioral Analysis
Service (BAS) at Lackland AFB. The evaluation revealed the
applicant received psychiatric care in May 2004, prior to her
enlistment, and it was not disclosed on her enlistment
documents. The evaluator recommended her retention. The
applicant concurred with the recommendation and provided a
written statement on 30 Oct 09.
On 4 Nov 09, she was notified by her commander of pending
discharge action. Specifically, the commander cited Defective
Enlistment based on her DD Form 2807-1, Report of Mental
History, as the basis for discharge.
On 12 Nov 09, the assistant staff judge advocate found the case
legally sufficient and recommended discharge with an entry level
separation. The discharge authority concurred and directed an
entry level separation for Erroneous Enlistment.
On 13 Nov 09, the applicant was discharged with an
uncharacterized entry level separation with the narrative reason
for separation of Erroneous Entry (Other) and a RE Code of
2C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOA recommends denial. DPSOA states the RE code of 2C
is required based on the priority of RE codes. Further, the
applicant did not provide any evidence that proves an error or
injustice occurred in her separation processing.
The complete HQ AFPC/DPSOA evaluation is at Exhibit C.
HQ AETC/SGPS states they support a change in the applicants RE
code which would allow her to reapply for military service.
SGPS states she seems to have remained asymptomatic and has done
well since her separation. The medical evaluations presented by
the applicant support her request for a change in her RE code.
The complete HQ AETC/SGPS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Copies of the Air Force evaluations were forwarded to the
applicant on 9 Jul 10 for review and comment within 30 days
(Exhibit E). As of this date, this office has not received a
response.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The BCMR Medical
Consultant states that he empathizes with the dilemma confronted
by the applicant during her period of abuse and acknowledges her
alleged reason for not initially disclosing her previous
hospitalization. However, this does not explain or invalidate
the accuracy of the multiple diagnosed mental disorders
appearing on her Military Entrance Processing Station (MEPS)
document as disqualifying. He further states the Board has to
determine if the applicant is a reasonable risk for returning to
military service, noting that she demonstrated an absence of
overt or acute manifestations of a mental disorder both prior to
separation in September 2009 and upon re-evaluation in February
2010. It remains unknown and unknowledgeable what the
applicants level of response will be if she is re-exposed to
the harsh rigors of training and other realities of military
service; particularly in the context of the nations current
wartime posture and the extreme mental and physical stressors
confronting deployed members of all military departments; and
sparing no particular Service component or career field.
The BCMR Medical Consultant states he cannot predict the future
in this case, but recommends erring towards protecting both the
applicants well-being and eliminating any unnecessary
accompanying liability. Further, the applicant has not met the
burden of proof of an error or injustice that warrants a change
of RE code.
If the Board grants the applicant the desired relief as
recommended by HQ AETC/SGPS, the applicant would have yet to be
accepted into military service, either through a waiver (which
has been denied once by the Air Force) and/or clearance through
MEPS medical officials; as would be required of any new recruit.
The applicant should also be aware that a change of RE code to
4C represents a person separated for concealment of juvenile
records, among other reasons, and has the potential of being
viewed as a greater detriment to her than the current Erroneous
Entry currently showing on her DD Form 214. A more favorable
RE code of 3K would better serve the applicants needs.
The complete BCMR Medical Consultants evaluation is at
Exhibit F.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
She concurs with the 3K RE code as mentioned by the BCMR
Medical Consultant.
She reported her stay at the mental health center, which was a
one-time visit that had several diagnoses by a nurse. Her
recruiter advised her not to include the visit since it was for
family issues. She had no follow-up or recurring stays in
another state or local facilities. She was a minor at that time
and had no say on where her parents put her and she was unable
to leave at her own free will. During the same year, she was
put in foster care with her brothers due to her parents lack
of responsibilities, morals, and drug consumption in front of
them.
She took it upon herself to separate herself from family and
friends to better her life. She was the first in her family to
graduate from high school and is presently attending college as
a criminal justice major.
She has always had a passion for the Air Force and if given the
opportunity, she will strive to be a valued military soldier.
The applicants complete submission is at Exhibit H.
_________________________________________________________________
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 error or injustice. While the
applicant attributes her failure to disclose potentially
disqualifying information regarding her mental health treatments
to the advice of her recruiter, it cannot be conclusively
determined from the evidence of record who was at fault.
Nevertheless, after considering all the circumstances of the
case, we believe it is appropriate to provide the applicant the
opportunity to seek reentry into the military by assigning her a
waiverable code. In coming to this decision, we carefully
considered the recommendation of the BCMR Medical Consultant.
However, we note that at the time of the applicants discharge,
it was recommended she be granted a waiver for retention and a
mental health evaluation determined that she was operating
within the normal limits of psychological functioning.
Additionally, she has provided an evaluation from a civilian
provider which opines there are no reasons why the applicant
could not serve in the military. Although we believe the
applicant should be provided the opportunity to seek reentry,
our decision in no way guarantees that she will achieve a
successful outcome. Whether she is successful will be
determined based on the needs of the service to which she
applies and her ability to meet their established standards.
Therefore, in the interest of justice, we believe the
applicants records should be corrected as 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
13 November 2009, she was separated with an uncharacterized
entry level separation under the provisions of AFI 36-3208 with
a reentry (RE) code of 3K.
_________________________________________________________________
The following members of the Board considered Docket Number BC-
2010-01078 in Executive Session on 25 January 2011, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered for Docket Number
BC-2010-01078:
Exhibit A. DD Form 149, dated 10 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOA, dated 14 Jun 10.
Exhibit D. Letter, HQ AETC/SGPS, dated 30 Jun 10.
Exhibit E. Letter, SAF/MRBR, dated 9 Jul 10.
Exhibit F. Letter, BCMR Medical Consultant, dated
3 Nov 10.
Exhibit G. Letter, AFBCMR, dated 8 Dec 10.
Exhibit H. Letter, Applicant, dated 29 Dec 10.
Panel Chair
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