RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01853
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 2C (Involuntarily separated with an
honorable discharge; or entry level separation without
characterization of service) be changed to a 1 series RE code
that would allow him to reenlist.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has no medical reason not to be allowed reentry into the
service. He is in very good health. His back does not bother
him nor does it affect his daily life.
In support of his request, the applicant submits a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, and medical documentation.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 9 October
2007.
On 8 August 2008, the applicant was notified by his commander of
his intent to recommend that he be discharged from the Air Force
under the provisions of AFPD 36-32 and AFI 36-3208. The specific
reason was on 8 May 2008, the applicant was diagnosed with
spondylolisthesis, a condition that disqualifies enlistment.
According to the SF600, Chronological Record of Medical Care,
dated 8 May 2008, this condition is a congenital defect of the
back and is chronic in nature - it existed prior to entering the
military. Had the Air Force known of this condition, he would
not have been allowed entry into the military.
He was advised of his rights in this matter and acknowledged
receipt of the notification. He waived his right to consult with
counsel and to submit statements on his own behalf.
In a legal review of the case file, the staff judge advocate
found the case legally sufficient and recommended discharge. The
discharge authority concurred with the recommendation and
directed discharge. The applicant was discharged on 25 August
2008 with an honorable discharge. He served 10 months and
17 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends approval. SGPS states at the time of his
induction examination he may not have been aware that he had this
condition. It came to light when during basic training it was
aggravated by strenuous physical activity during Security Forces
Training. He was evaluated and diagnosed with the condition, and
since it limited his physical ability and he could not continue
with training the decision was made with his concurrence that
he would be separated from the military.
The applicants separation process was done in accordance with
established policy and administrative procedures. At the time,
his condition did render him unsuitable to continue military
service; however, presently they support a change to his RE code.
The SGPS complete evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA states the RE code 2C is
required based on the involuntary separation with honorable
character of service and the applicant does not provide any
evidence of an error or injustice in reference to his RE code.
SGPS supports a change of the RE code to allow reentry in the
military. However, the RE code 2C is not driven by a medical
condition and SG (medical community) does not have authority or
any valid input as to the correctness or recommended change to
the RE code. They are qualified to recommend the applicant be
given an opportunity to be medically screened for reentry into
military service based on his current medical status (if
otherwise eligible); which they too would support based on their
recommendation. However, a waiver of the RE code from recruiting
services based on SGs recommendation would identify prior
circumstances for screening and would be more appropriate than
circumventing the screening and waiver process.
The DPSOA complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he was informed that the board has concurred
to change his narrative reason for separation and will only
consider changing his RE code to 3K. He accepts the change of
his RE code to 3K.
The applicants response is at 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. While the reentry code
assigned to the applicant, at the time, was technically correct and
in accordance with the applicable regulation, the Board believes it
would be an injustice for the applicant to continue to suffer its
effects. It is noted that SGPS recommends changing the reentry
code, and the Board believes that the applicant should be afforded
the opportunity to apply for a waiver to enlist in the armed
services. Whether or not he is successful will depend on the needs
of the service and our recommendation in no way guarantees that he
will be allowed to return to the Air Force or any branch of the
service. Accordingly, we recommend his records be corrected to the
extent 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 at the time of
his discharge on 25 August 2008, he was issued a reentry code of
3K.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01853 in Executive Session on 14 December 2011,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-01853 was considered:
Exhibit A. DD Form 149, dated 6 May 2011, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 11 July 2011.
Exhibit D. Letter, AFPC/DPSOA, dated 4 October 2011.
Exhibit E. Letter, SAF/MRBR, dated 28 October 2011.
Exhibit F. Letter, Applicant, not dated.
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