RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03497
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His entry-level separation with uncharacterized service be
upgraded to an honorable discharge.
2. 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 code in the 1-series to allow
immediate reenlistment.
3. His narrative reason for separation be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge for failed medical/procurement standards was
unjust. His civilian physician examined his ankle and found no
injury to the talus.
In support of his appeal, the applicant provides an expanded
statement and copies of excerpts from his military
personnel/medical records, and a letter from his physician
related to the matter under review.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 19 Oct 10, the applicant contracted his enlistment in the
Regular Air Force.
On 19 Jan 11, 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 14 Jan 11, which reflected the
applicant did not meet the minimum medical standards to enlist.
The applicant should not have been allowed to enlist due his
having an osteochondral defect (left ankle).
The applicant acknowledged receipt of the notification, waived
his right to consult with legal counsel or to submit a statement
in his own behalf, and acknowledged he would not be entitled to
severance pay or disability retirement.
The discharge authority directed the applicant be furnished an
entry-level separation with uncharacterized service. On
23 Jan 11, he was furnished an entry-level separation with
uncharacterized service for failed medical/procurement standards
and issued an RE code of 4C. He was credited with three months
and three days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends changing the applicants RE code. Even
though the applicants separation was carried out in accordance
with established policy and administrative procedures, the
applicant may meet current enlistment standards and SGPS supports
changing the RE code.
The complete AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOA notes the applicant received an erroneous RE code of
4C. The correct RE code is 2C (Involuntarily separated with an
honorable discharge; or entry level separation without
characterization of service). Although SGPS recommended changing
the RE code, the RE code is not driven by a medical condition, it
is required based on the involuntary entry-level separation with
uncharacterized service. The medical community does not have the
authority or any valid input as to the correctness of the current
RE code. The medical community is qualified to recommend the
applicant be given an opportunity to be medically screened for
military service based on his current medical status (if
otherwise eligible). However, a waiver of prior circumstances
would be more appropriate than circumventing the screening and
waiver process. The applicants DD Form 214 will be
administratively corrected to reflect the correct RE code of 2C
unless otherwise directed by the Board.
The complete AFPC/DPSOA evaluation is at Exhibit D.
AFPC/DPSOS recommends denial. Airmen are given an entry-level
separation with uncharacterized service when separation is
initiated with the first 180 days of continuous active service.
It was determined by the Department of Defense (DOD) that if a
member served less than 180 days of continuous active service, it
would be unfair to the member and the service to characterize
their limited service. In addition, the discharge was consistent
with the procedural and substantive requirements of the discharge
regulation. The applicant has not submitted any evidence or
identified any errors or injustices that occurred in the
discharge processing. He has provided no facts to warrant a
change to his discharge.
The complete AFPC/DPSOS evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 29 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice to warrant
changing the applicants uncharacterized entry-level separation,
narrative reason for separation, and RE code. While we note the
AETC/SGPS recommendation to grant changing the RE code because
the applicant may meet current medical accession standards, we
agree with the opinions and the recommendations of AFPC/DPSOS and
AFPC/DPSOA and adopt their rationale as the basis for our
conclusion the applicant has not been the victim of an error or
injustice. In this respect, we note the comments from AFPC/DPSOA
indicating that it would be more appropriate for the applicant to
pursue an enlistment waiver for an opportunity to be medically
screened for accession (provided he was otherwise qualified),
rather than circumventing this process by changing the record as
requested. We also note the RE code the applicant received at
separation was technically incorrect and his records will be
administratively corrected to reflect the RE code 2C, which
accurately reflects he received an entry-level separation with
uncharacterized service. Therefore, in view of the above, we
find no basis to recommend any corrections to his record beyond
that which will be administratively resolved.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-03497 in Executive Session on 18 Sep 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-03497 was considered:
Exhibit A. DD Form 149, dated 6 Sep 11, w/atchs.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 19 Oct 11.
Exhibit D. Letter, AFPC/DPSOA, dated 2 Dec 11.
Exhibit E. Letter, AFPC/DPSOS, dated 5 Jan 12.
Exhibit F. Letter, SAF/MRBR, dated 29 Feb 12.
Panel Chair
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