RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01638
INDEX NUMBER: 145.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (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
enlistment) be changed to a waiverable RE code to allow
reenlistment.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was allowed to enlist in the Air Force with a waiver for his
eye sight and after reporting to basic military training and
undergoing test was notified that his waiver was unacceptable and
that he would be discharged. He was informed that if he had
Lasik surgery to correct his vision he would be allowed to
reenlist 12 months after the surgery was completed.
In support of the appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, extracts from his military personnel records, and extracts
from AFI 48-123, USAF Refractive Surgery (USAF-RS) PROGRAM.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman
basic on 28 Jun 04 for a term of four years.
On 28 Jul 04, the applicant was notified by his commander that he
was recommending his discharge from the Air Force for Erroneous
Enlistment. The specific reason for this action was his receipt
of a medical narrative summary that found the applicant did not
meet minimum medical standards to enlist.
The applicant acknowledged receipt of the notification and waived
his right to consult with counsel and submit statements on his
own behalf. On 28 Jul 04, a legal review of the discharge
package was conducted by the staff judge advocate, who
recommended the applicant be discharged with an entry-level
separation.
The discharge authority approved the separation and directed the
applicant be given an entry-level separation.
On 13 Aug 04, he was discharged, under the provisions of AFI 36-
3208, Administrative Separation of Airmen, for Failed
Medical/Physical Procurement, and assigned an RE code of 4C. He
served a total of 1 month, and 16 days of total active service.
_________________________________________________________________
AIR FORCE EVALUATIONS:
AETC/SGPS recommends denial. SGPS states the separation was done
in accordance with established policy and administrative
procedures and they do not support a change to his RE Code.
The complete AETC/SGPS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
A copy of the Air Force evaluation was forwarded to the applicant
on 30 Jul 10, for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
_________________________________________________________________
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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion the applicant has not
been the victim of error or injustice. Therefore, in the absence
of evidence to the contrary, we find no 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-
2010-01638 in Executive Session on 4 Nov 10, under the provisions
of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Apr 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 7 Jun 10.
Exhibit D. Letter, SAF/MRBR, dated 30 Jul 10.
Panel Chair
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