RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00196
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment (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, or void
enlistments) be changed to a code that would allow him to reenter
military service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He does have the medical condition that he was discharged for;
however, it does not hinder his ability to perform.
In support of his appeal, applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, a statement from his physician, and a copy of Lackland AFB
Form 205, Basic Military Training Student Performance Summary.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 Apr 09, the applicant contracted his enlistment in the
Regular Air Force.
On 27 Jul 09, the applicants commander notified him that he was
recommending his discharge from the Air Force for Erroneous
Enlistment. The specific reason for the discharge action was the
medical narrative summary, dated 14 Jul 09, which reflected the
applicant did not meet the minimum medical standards to enlist.
The applicant should not have been allowed to enlist due his
having Osgood Shclatter disease.
The applicant acknowledged receipt of the notification and waived
his right to consult with legal counsel or to submit a statement
in his own behalf.
The legal office reviewed the case and found it legally
sufficient to support separation and recommended the applicant be
furnished an entry-level separation.
The discharge authority directed the applicant be furnished an
entry-level separation with uncharacterized service. He was
discharged on 5 Aug 09. He was credited with three months and
eight days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS reviewed this application and recommends changing the
applicants RE code. Even though the applicants separation was
carried out in accordance with established policy and
administrative procedures, the applicant may meet current
enlistment standards if his condition has resolved itself and has
remained asymptomatic for at least one year.,
The complete AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOS recommends denial. Based on the documentation on file
in the master personnel records, the discharge, to include the
character of service, and assigned separation and RE codes, was
appropriately administered and was within the discretion of the
discharge authority. Furthermore, the applicant has not provided
any evidence showing an error or injustice in the processing of
his discharge.
The complete AFPC/DPSOS evaluation is at Exhibit D.
AFPC/DPSOA notes the applicant received an erroneous RE code of
4C. The correct RE code is 2C (Involuntarily separated with an
honorable discharge; or entry level separation without
characterization of service). Although SGPS recommended changing
the RE code, the RE code is not driven by a medical condition, it
is required based on the involuntary entry-level separation with
uncharacterized service. The medical community does not have the
authority or any valid input as to the correctness of the current
RE code. The medical community is qualified to recommend the
applicant be given an opportunity to be medically screened for
military service based on his current medical status (if
otherwise eligible) and DPSOA would not have an objection to
providing such an opportunity based on their recommendation.
However, a waiver of prior circumstances would be more
appropriate than circumventing the screening and waiver process.
The applicants DD Form 214 will be administratively corrected to
reflect the correct RE code 2C unless otherwise directed by the
Board.
The complete AFPC/DPSOA evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 22 Jul 11 for review and comment within 30 days. As
of this date, no response has been received by this office
(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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice to warrant
changing the applicants RE code to one that would allow him to
re-enlist. While we note the AETC/SGPS recommendation to grant
the requested relief because the applicant may meet current
medical accession standards, we agree with the opinions and the
recommendations of AFPC/DPSOS and AFPC/DPSOA and adopt their
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. In this respect we
note the comments from AFPC/DPSOA indicating that it would be
more appropriate for the applicant to pursue an enlistment waiver
for an opportunity to be medically screened for accession
(provided he was otherwise qualified), rather than circumventing
this process by changing the record as requested. We also note
the RE code the applicant received at separation was technically
incorrect and his records will be administratively corrected to
reflect the RE code 2C, which accurately reflects he received an
entry-level separation with uncharacterized service. Therefore,
in view of the above, we find no basis to recommend any
corrections to his record beyond that which will be
administratively resolved.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2011-00196 in Executive Session on 27 Sep 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-00196 was considered:
Exhibit A. DD Form 149, dated 18 Jan 11, w/atchs.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. Letter, HQ AETC/SGPS, dated 4 Apr 11, w/atchs.
Exhibit D. Letter, HQ AFPC/DPSOS, dated 14 Jun 11.
Exhibit E. Letter, HQ AFPC/DPSOA, dated 13 Jul 11.
Exhibit F. Letter, SAF/MRBR, dated 22 Jul 11.
Panel Chair
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