RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03407
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code be changed to allow him to reenter the
military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged with an RE code of 4C (Failure to meet
physical standards for enlistment) because of his condition of
having migraine headaches. He has provided a letter from his
civilian physician indicating he no longer suffers from this
condition.
In support of his appeal, the applicant provides copies of his DD
Form 214, Certificate of Release or Discharge from Active Duty,
and a statement from his civilian physician.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served on active duty from 10 June 2007 to 14 September 2007.
On 11 September 2007, the applicant was notified of his
commanders intent to recommend the applicant for an entry-level
separation for fraudulent enlistment under the provisions of Air
Force Policy Directive 36-32 and Air Force Instruction 36-3208,
Chapter 5, Section C. The commander indicated the reason for his
recommendation was that he received a medical narrative summary
on the applicant, dated 7 September 2007, that indentified the
applicant as not meeting minimum medical standards to enlist.
The applicant acknowledged receipt of his commanders intent and
waived his right to consult counsel and to submit statements in
his own behalf. After the Deputy Staff Judge Advocate found the
case to be legally sufficient, the discharge authority approved
the commanders recommendation and directed the applicant be
discharged with an uncharacterized, entry-level separation.
The applicant was discharged with an entry-level separation,
effective 14 September 2007, in the grade of airman basic (E-1),
after serving 2 months and 14 days on active duty. His DD Form
214 reflects his RE code as 4C and a narrative reason for
separation as Failed Medical/Physical Procurement Standards.
________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS supports changing the applicants RE code to allow him
to reapply to re-enter military service. SGPS states the
applicant failed to disclose his headache history during his
accession physical. When his condition was discovered during
basic training, the applicant chose not to pursue a waiver
review.
SGPS finds that at the time of the applicants separation, the
process was completed in accordance with established policy and
administrative procedures; however, his current medical history
indicates he currently meets medical criteria for military duty.
The complete SGPS evaluation is at Exhibit C.
AFPC/DPSOA recommends denying the applicants request for a
reenlistment eligible RE code. However, the RE code of 4C
reflected on his DD Form 214, is in error. The correct RE Code
is 2C (Involuntarily separated with an honorable discharge; or
entry-level separation without characterization of service). The
RE code of 2C applies to all entry-level separations without
characterization of service regardless of whether the discharge
is voluntary or involuntary.
DPSOA indicates that if the Boards decision is to change the
applicants RE code, the only other option would be 3K
(Reserved for use by HQ AFPC or AFBCMR when no other reenlistment
eligibility code applies or is appropriate). This code would
still require a waiver from Recruiting Services.
The complete 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 9 December 2011, for review and comment within 30 days. As of
this date, this office has received no response.
_________________________________________________________________
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 an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case to include the differing opinions of the Air
Force evaluators. However, the Board agrees with the opinion and
recommendation of AFPC/DPSOA to change the applicants RE code
from 4C to 2C, since it is the required RE code based on the
applicants entry level separation with uncharacterized of
service. Therefore, in the absence of evidence to the contrary,
we find no basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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-2011-03407 in Executive Session on 26 April 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2011-03407:
Exhibit A. DD Forms 149, dated 16 Aug 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 18 Oct 11.
Exhibit D. Letter, AFPC/DPSOA, dated 28 Nov 11.
Exhibit E. Letter, SAF/MRBR, dated 9 Dec 11.
Panel Chair
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