RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01662
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 RE code in the 3-series to allow him
to enlist in the Army National Guard.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The RE code he received was unjust and did not coincide with his
narrative reason for separation. Although he passed the Military
Entrance Processing Station (MEPS) physical and has received a
medical waiver from the National Guard Bureau, he needs his RE
code upgraded to qualify to enter the Army National Guard.
In support of his appeal, applicant provides copies of documents
extracted from his military records and a copy of his enlistment
waiver from the Army National Guard.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 27 Feb 03, the applicant contracted his enlistment in the
Regular Air Force.
On 13 Mar 03, 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 12 Mar 03, which reflected the
applicant did not meet the minimum medical standards to enlist.
The applicant should not have been allowed to enlist due his T6
compression fracture.
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.
On 17 Mar 03, the discharge authority directed the applicant be
furnished an entry-level separation with uncharacterized service.
He was discharged on 19 Mar 03 and was credited with 23 days of
active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial of the applicants request for an RE
code that would allow him to reenlist. DPSOA notes the 4C RE
code the applicant received in conjunction with his entry-level
separation is erroneous; however, DPSOA will administratively
correct the applicants record to reflect the correct code of
2C unless otherwise directed by the Board. The correct RE code
of 2C (Involuntarily separated with an honorable discharge; or
entry level separation without characterization of service) is
required based on the applicant receiving an entry-level
separation with uncharacterized service.
The complete AFPC/DPSOA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 1 Jul 11 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 an error or injustice that would
warrant correcting the applicants RE code to one that would
allow him to reenlist. While the applicant was in fact issued an
erroneous RE code of 4C, the Air Force office of primary
responsibility, AFPC/DPSOA, has indicated they will
administratively correct the applicants record to reflect a code
of 2C unless otherwise directed by this board. Although the
2C RE code does not provide the applicant with the relief he is
seeking, we agree with the determination by DPSOA this is the
correct code and, therefore, have no objection to the
administrative correction. We note the applicant has not
expressed any objection to the proposed administrative
correction. Therefore, in view of the above, we find no basis
to correct the record as requested by the applicant.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2011-01662 in Executive Session on 19 Jan 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Dec 10, w/atchs.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOA, dated 20 Jun 11.
Exhibit D. Letter, SAF/MRBR, dated 1 Jul 11.
Panel Chair
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