RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01999
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His Reentry Code (RE) of 4C (Failed Medical Physical
Procurement Standards) be changed so he can apply to the Air
Force Reserves.
2. His Entry Level Separation (ELS) with uncharacterized
service be upgraded to a general (under honorable conditions)
discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
The medical problem with his knee that caused his separation
from the Air Force in 2006 no longer bothers him, and he should
be allowed to apply for enlistment in the AF Reserve.
In support of his request, the applicant provides copies of
extracts of his military personnel records, military and
civilian medical records, and supporting statement from his
Orthopedic Surgeon attesting to his fitness for military duty.
The applicants complete submission, with attachments, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
In Jun 2002, the applicant was discharged from the U.S. Navy
after injuring his right knee in a motorcycle accident which
required reconstructive surgery.
On 5 Sep 06, the applicant entered the Regular Air Force, and
proceeded to Basic Training.
On 26 Sep 06, the applicants commander notified him of his
intent to discharge him from the Air Force with an Entry Level
Separation for Erroneous Enlistment. The reason for this action
was the 20 Sep 06 medical narrative summary indicating that he
did not meet minimum medical standards to enlist and that he
should not have been allowed to join the Air Force due to his
knee pain. The applicant acknowledged receipt of the action,
and waived his right to legal counsel and to submit statements
in his behalf.
On 30 Sep 06, the case was determined to be legally sufficient
and the discharge authority concurred with the commanders
recommendation.
On 4 Oct 06, the applicant was furnished an Entry Level
Separation with uncharacterized service for Erroneous Enlistment
and was issued a narrative reason for separation of Failed
Medical/Physical Procurement Standards. He received a Reentry
Code of 4C (Approved involuntary separation for
concealment/physical standards).
The remaining relevant facts pertaining to this application are
described in the letters prepared by the Air Force offices of
primary responsibility (OPR) which are attached at Exhibits C,
D, and E.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AETC/SGPS states that the separation was done in accordance
with established policy and administrative procedures. The
applicant had surgery on his right knee in 2002 to correct a PCL
injury he received in a motor cycle accident. He was released
for military service in May 2004 and entered the service in Sep
2006. After 4 weeks of training, his knee pain was such that he
could no longer continue with his training. He was eventually
diagnosed with symptomatic right knee pain from an injury prior
to entering the service and processed for an entry-level
separation. Since he appears to meet current medical criteria
for military duty, we can support a change to his Reentry Code.
A complete copy of the AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOS recommends denial of the applicants request to
change his entry-level separation with uncharacterized service
to a general (under honorable conditions) discharge, indicating
there is no evidence of an error injustice. The applicant
should not have been allowed to join the Air Force because of
knee pain. Had the Air Force known of this condition at the
time of the applicants enlistment, he would not have been
allowed entry into the military. Based on the documentation on
file in his master personnel file, the discharge was consistent
with the procedural and substantive requirements of the
discharge regulation and was within the discretion of the
discharge authority. Airmen are given entry-level separation
with uncharacterized service when separation is initiated within
the first 180 days of continuous active service. The Department
of Defense (DoD) determined that it would be unfair to the
member or the service to characterize a members limited service
when such service is less than 180 days.
A complete copy of the AFPC/DPSOS evaluation is at Exhibit D.
The AFBCMR Medical Consultant recommends denial of the
applicants request to change the uncharacterized nature of his
separation, but concurs with the HQ AETC/SGPS recommendation to
change his RE Code. Since more than 12 months have passed since
his surgery, and the applicant did not receive surgery for a
recurrent ACL reconstruction or sustain an injury to or require
repair of a torn meniscus, the applicant, armed with the letter
from his orthopedic surgeon and the AETC/SGPS recommendation, is
likely to be allowed to re-enter service under a waiver. The
Board can make this process smoother by changing the RE code to
one which will allow the applicant the opportunity to re-apply
for military service. However, the applicant should be aware
that such a change in his RE code does not constitute a
directive to return him to military service.
A complete copy of the AFPC/DPSOS evaluation is at Exhibit E
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 3 Feb 12 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 untimely 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. After
careful consideration of the applicants request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The applicant
contends that his Reentry Code (RE) of 4C (Failed Medical
Physical Procurement Standards) should be changed so he can
apply to the Air Force Reserves, and his entry level separation
(ELS) with uncharacterized service should be upgraded to a
general (under honorable conditions). However, as a matter of
Department of Defense policy, Airmen are given entry level
separation with uncharacterized service when separation is
initiated in the first 180 days of continuous active service.
The discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the
discretion of the discharge authority. We take note of the fact
that in Sep 2006 he reentered the military when he did not meet
minimum medical standards to enlist, even though he had memo
from a civilian doctor stating he was fit for military service.
In addition, subsequent to his separation for erroneous
enlistment, he sought additional medical assistance for knee
pain he described as becoming more severe. Therefore, in view
of the above, we find no basis to correct the record as
requested by the applicant.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2011-01999 Executive Session on xxx, 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 24 May 2011, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AETC/SGPS, dated 15 Aug 11.
Exhibit D. Letter, AFPC/DPSOS, dated 25 Oct 11.
Exhibit E. Letter, BCMR Medical Advisory, dated 23 Jan 11.
Exhibit F. Letter, SAF/MRBC, dated 3 Feb 12.
Panel Chair
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