RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03334
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reentry Code (RE) of 4C (Failed Medical/Physical Procurement
Standards) be changed so he can reenter the Air Force.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged prematurely because his medical condition was
blown out of proportion by the medical staff. He had headaches
due to stress and possibly a new diet in addition to adjusting
to military life. He has now fortified his body and mind and is
better prepared to serve.
In support of his request, the applicant provides a personal
statement and copies of a medical evaluation, two letters of
recommendation, and his DD Form 214, Certificate of Release or
Discharge from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 17 Feb 09.
On 2 Apr 09, the applicants commander notified him of his
intent to discharge him from the Air Force with an entry level
separation for erroneous enlistment because he did not meet
minimum medical standards to enlist as evidenced by his
diagnosis of migraine headaches. The applicant acknowledged
receipt of the action and waived his right to legal counsel and
to submit statements in his behalf.
On 3 Apr 09, the case was determined to be legally sufficient,
and, on 6 Apr 09, the discharge authority concurred with the
commanders recommendation. On 7 Apr 09, the applicant was
furnished an entry level separation with uncharacterized service
for erroneous enlistment, with an RE Code of 4C, and a narrative
reason for separation of Failed Medical/Physical Procurement
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
and D.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AETC/SGPS states the separation was done in accordance with
established policy and administrative procedures. A review of
his medical records indicates he had up to three headaches a
week from Dec 08 throughout Basic Training. He was seen in the
emergency room on 5, 10, and 23 Mar 09. He was diagnosed with
migraine headaches with mixed tension headaches and was
processed for entry level separation because his condition was
disqualifying for military service. Since he appears to meet
current accession criteria for military duty, a change to his
Reentry Code could be supported.
A complete copy of the AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial, indicating there is no evidence of
error or injustice which would warrant correcting the record to
allow the applicant to reenlist. While it appears the applicant
was erroneously issued an RE code of 4C (Failed Medical Physical
Procurement Standards) and should have been issued an RE Code 2C
(Entry Level Separation without characterization of service), he
has provided no evidence of an error or injustice that would
warrant changing his RE code to one that would allow him to
reenlist. The RE code 2C applies to all entry level separations
with uncharacterized service, regardless of whether the
discharge is voluntary or involuntary. HQ AETC/SGPS states
since it appears that he currently meets accessions criteria,
they can support a change of the RE Code. However, while his
separation was based upon his medical condition, the required RE
code of 2C is not based on his medical condition, but upon DoD
policy for entry level separations. 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. Accordingly, his RE code will be
administratively changed to 2C, unless the Board determines
otherwise.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 16 Dec 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit E).
________________________________________________________________
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 injustice warranting a
change in the applicants RE Code to allow him to reenlist.
After a thorough review of the evidence of record and the
applicants complete submission, we find the discharge was
consistent with the substantive requirements of the discharge
regulation and was within the discretion of the discharge
authority. However, at the time of his separation he was issued
an erroneous RE Code of 4C. As a matter of Department of
Defense policy, Airmen are given entry level separation with
uncharacterized service, and RE Codes of 2C, when separation is
initiated in the first 180 days of continuous active service.
Therefore, the Air Force office of primary responsibility (OPR)
will administratively correct the applicants RE Code to 2C.
Although an RE code of 2C does not provide the applicant with
the relief he is seeking, we agree with the opinion and
recommendation of the OPR and adopt their rationale as the basis
for our conclusion the applicant has not been the victim of an
error or injustice. Therefore, in view of the above, and in the
absence of evidence to the contrary, we find no basis upon which
to recommend favorable consideration of the applicant's request.
________________________________________________________________
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-2011-03334 Executive Session on 13 March 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 May 2011, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AETC/SGPS, dated 11 Oct 11.
Exhibit D. Letter, AFPC/DPSOA, dated 6 Dec 11.
Exhibit E. Letter, SAF/MRBR, dated 16 Dec 11.
Panel Chair
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