RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03614
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reentry (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 an eligible code.
________________________________________________________________
APPLICANT CONTENDS THAT:
His re-enlistment code should be changed because he only had one
episode of anaphylaxis. Since this incident at Air Force Basic
Military Training, on 12 Jan 11, he has not had any other
allergic reactions. Every day at basic training, he went
through the same routine and ate the same food, with no other
incidents occurring. Even though he was told that he was okay
to return to training by the allergist at Wilford Hall Medical
Center, he was still separated.
In support of his appeal, the applicant provides medical
documents from his provider to substantiate his appeal.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force, on 7 Dec 10,
for a period of six years.
On 14 Feb 11, the squadron commander notified the applicant of
administrative discharge action for erroneous enlistment. The
reason for the proposed action was based on a Standard Form 600, Chronological Record of Medical Care, which indicated that the
applicant should not have been able to join the Air Force
because of anaphylaxis and it was determined the condition did
not meet the medical standards to enlist. The commander
recommended an entry level separation. On that same date, the
applicant acknowledged receipt of the discharge notification,
waived his right to consult counsel and to submit statements in
his own behalf. On 16 Feb 11, the discharge authority approved
the entry level separation.
The applicant received an uncharacterized entry-level separation
on 17 Feb 11, by reason of Failed Medical/Physical Procurement
Standards, and was issued an 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). He was credited with
2 months and 11 days of active duty service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AETC/SGPS recommends denial of a change to the RE code, stating,
in part, that they found the separation process was done in
accordance with established policy and administrative procedures
and the applicant does not meet the current medical criteria for
military duty.
In the discussion of the application, they note he indeed had
only one reaction while in basic training and denies any further
episodes after separation in Feb 11. He was evaluated in
Jun 11, and was found to react to hazelnut, cottonseed, and
almonds. He was also tested for peanuts, but the results were
not noted in the letter. A reaction to nuts, especially
peanuts, even a mild reaction is grounds for disqualification
from military service as peanuts and peanut by products are used
in the making of MREs for deployments and field duty.
The complete AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOA recommends the RE code of 4C be changed to 2C --
"Involuntarily separated with an honorable discharge; or entry
level separation without characterization of service"; as
required by AFI 36-2606, Reenlistments in the USAF, chapter 3,
based on his entry level separation with uncharacterized
service. The RE code 2C applies to all entry level separations
without characterization of service regardless of whether the
discharge is voluntary or involuntary.
DPSOA notes that RE code 2C is required based on the entry level
separation with uncharacterized service and the applicant does
not provide any proof of an error or injustice in reference to
his RE code. Additionally, HQ AETC/SGPS validated the
applicant's discharge processing and stated the applicant is
still not medically qualified for military duty and recommended
denial. Additionally, the applicant requested an 1M, 12, 13, or
14 RE code; however, AFI 36-2606, Reenlistments in the United
States Air Force, states not to separate member's with a 1M and
12, 13, or 14 are not valid RE codes. The applicant's RE code
2C is driven by his involuntary entry level separation with
uncharacterized service. AFPC/DPSOY will provide the applicant
a corrected copy of his DD Form 214 with an RE code of 2C,
unless otherwise directed by the board.
The complete AFPC/DPSOA evaluation, with attachments, is at
Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 9 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 error or injustice to warrant
changing the applicants RE code to a code that would make him
eligible for reentry into the service. However, we do note that
the applicant was assigned an incorrect RE code of 4C and
should have been assigned RE code 2C. AFPC/DPSOA has
indicated they will administratively correct the applicants RE
code to 2C unless we object. Based on the determination of
HQ AETC/SGPS that the applicant does not meet current medical
criteria for military duty, we do not object to DPSOAs
correction of the applicants RE code to reflect 2C. We note,
at the time members separate from the Air Force, they are
furnished an RE code predicated upon the quality and the
circumstances of their separation. The applicants RE code of
2C would accurately reflect his involuntary separation with an
uncharacterized character of service. Therefore, we find no
basis to favorably consider upgrading the applicants RE code to
an eligible code.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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-2011-03614 in Executive Session on 12 June 2012, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Jul 01 (sic), w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 18 Oct 11.
Exhibit D. Letter, AFPC/DPSOA, dated 16 Nov 11.
Exhibit E. Letter, SAF/MRBR, dated 9 Dec 11.
Panel Chair
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