RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00406
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 4C which denotes Separated for
concealment of juvenile records, minority, failure to meet
physical standards for enlistment, failure to attain a 9.0
reading grade level, or void enlistments be changed to allow him
reentry into the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was separated from the military due to a medical history of
latent tuberculosis (TB). He was told once he finished treatment
he could return to the military.
He completed his treatment and would like to reenter the
military.
In support of his request, the applicant provides a personal
statement, a report from his medical provider, and copies of
various medical documents and military records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 4 Jan 10, the applicant entered active duty in the Regular Air
Force for a period of six years.
On 29 Jan 10, the applicant was notified by his commander that he
was recommending his discharge from the Air Force for erroneous
enlistment. The reason for the proposed action was his commander
received a medical narrative summary, dated 27 Jan 10 that
indicates the applicant did not meet minimum medical standards to
enlist. The applicant should not have been allowed to join the
Air Force because he had latent untreated tuberculosis.
On 29 Jan 10, the applicant acknowledged receipt of the
notification of discharge, and waived his rights to consult with
legal counsel, and submit statements in his own behalf.
The Air Education and Training Command legal office reviewed the
case and found it legally sufficient to support the separation.
On 1 Feb 10, the discharge authority approved the separation, and
on 2 Feb 10, the applicant received an entry-level separation, by
reason of failed medical/physical standards. He served on active
duty for 29 days.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends approval. SGPS states the applicants
separation was done in accordance with established policy and
administrative procedures, and based on a review of his case they
support changing his RE code to allow him to reenter military
service.
SGPS states the records provided show the condition he was
separated for was treated after he separated and was resolved.
His private provider noted No latent infection, and all testing
was negative.
The complete SGPS evaluation is at Exhibit C.
AFPC/DPSOS recommends denial. DPSOS states the applicant should
not have been allowed to join the Air Force because he had latent
untreated TB. Had the Air Force known of this condition at the
time of the applicants enlistment, he would not have been
allowed to enter into the military. Although the applicant
states he finished treatment and can return to the Air Force, his
medical condition does not meet assessment standards.
Based on the documentation on file in the master personnel
records, the discharge was consistent with the procedural and
substantive requirements of the discharge regulation and was
within the discretion of the discharge authority.
The complete DPSOS evaluation is at Exhibit D.
AFPC/DPSOA recommends denial of the applicants request to change
his RE code to one that would allow him to reenlist. DPSOA
clarifies SGPSs position that they support a change in his RE
code by stating that SGPS only has the authority to recommend the
applicant be medically screened for military service based on his
current medical status, which they too would support based on
SGPSs recommendation.
DPSOA notes the applicants DD Form 214, Certificate of Release
or Discharge from Active Duty reflects an erroneous RE code, and
based on his entry level separation and uncharacterized service
the appropriate RE code is 2C.
DPSOA states the applicants RE code will be administratively
corrected to reflect 2C unless otherwise directed by the Board.
If the Board is inclined to change the RE code, the only other
option would be 3K Reserved for use by HQ AFPC or the AFBCMR
when no other reenlistment eligibility code applies or is
appropriate, which would still require a waiver from Recruiting
Services.
The complete DPSOA evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 29 Jul 11, copies of the Air Force evaluations were forwarded
to the applicant for review and comment within 30 days. To date,
a response has not been received (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 error or injustice that would
warrant relief in this case. After thoroughly reviewing the
evidence of record, and noting the conflicting recommendations of
the Air Force offices of responsibility, we are persuaded the
applicants RE code should be changed. Although both AFPC/DPSOA
and DPSOS recommend denial of relief DPSOA does note the
applicants RE code is in error, and should be 2C; however, based
on the review and recommendation provided by AETC/SGPS we believe
his RE code should be changed to 3K, which would afford him the
opportunity to apply for enlistment in the armed services. We
note that according to the applicants medical provider, the
applicants medical condition has resolved; and we believe
justice can best be served by changing his RE code to a
waiverable code that would afford him the opportunity to apply
for enlistment in the armed services. Our recommendation in no
way guarantees that he will be allowed to return to the Air Force
or any branch of the service and any such entrance will be
contingent upon him meeting the physical enlistment standards of
the service to which he has applied. Therefore, we recommend
his records 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 2 February
2010 he was separated with a reentry (RE) code of 3K.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-00406 in Executive Session on 22 Sep 11, 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:
Exhibit A. DD Form 149, dated 18 Jan 11, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 11 Apr 11.
Exhibit D. Letter, AFPC/DPSOS, dated 28 Jun 11.
Exhibit E. Letter, AFPC/DPSOA, dated 26 Jul 11.
Exhibit F. Letter, SAF/MRBR, dated 29 Jul 11.
Panel Chair
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