RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03706
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 4C which denotes 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 (AFRAT), or void enlistments, be changed to 1A
which denotes Ineligible to reenlist, but condition was waived,
to allow his reentry into the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He met all physical and mental requirements at the Military
Entrance Processing Station (MEPS).
On 2 Jun 08, medical personnel at Lackland AFB diagnosed him with
vocal cord disorder without a proper medical examination. The
test performed by the Air Force doctor was only a visual
examination. The three civilian doctors all used a camera
instrument, and then a series of tests were performed to see if
he had Vocal Cord Dysfunction (VCD).
He is willing to submit to any Air Force medical procedure to
prove that he was misdiagnosed with VCD.
In support of his request, the applicant provides (summarize
attachments sent with the application).
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 20 May 08, the applicant enlisted in the Regular Air Force for
a period of six years.
On 3 Jun 08, the applicant was notified by his commander that he
was recommending his discharge from the Air Force for erroneous
enlistment. The reason for the proposed action was his commander
received a medical narrative summary, dated 2 Jun 08 that
indicated the applicant did not meet minimum medical standards to
enlist. The applicant should not have been allowed to join the
Air Force because of vocal cord disorders.
He acknowledged receipt of the notification of discharge, waived
his right to counsel and to submit statements in his own behalf.
The case file was found legally sufficient and the discharge
authority approved the separation.
On 5 Jun 08, the applicant was discharged with an uncharacterized
entry level separation by reason of failed medical/physical
procurement standards. He served on active duty for 16 days.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AETC/SGPS makes no recommendation. SGPS states the
applicants separation was completed in accordance with
established policy and administrative procedures. Since it does
appear the applicant meets current accession standards they could
support his request for a change to his RE code.
The complete SGPS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA notes the applicants DD
Form 214 reflects an erroneous RE code and, based on his
involuntary separation without characterization of service, the
appropriate RE code is 2C. DPSOA states the applicants RE
code will be administratively corrected to reflect 2C unless
otherwise directed by the Board. If the Board is inclined to
change the RE code, the only other option would be 3K Reserved
for use by HQ AFPC or the AFBCMR when no other reenlistment
eligibility code applies or is appropriate, which would still
require a waiver from Recruiting Services.
DPSOA clarifies SGPSs position that they could support a change
in his RE code by stating that RE code 2C is not driven by a
medical condition and SGPS does not have the authority or any
valid input as to the correctness or recommended changes to the
RE code. They are qualified to recommend the applicant be given
an opportunity to be medically screened for reentry into military
service based on his current medical status (if otherwise
eligible). But a waiver of the RE code 2C from the recruiting
services based on the medical communitys recommendation would be
more appropriate than to change his RE code to suit the
applicants desires. As a waiver of the RE code would identify
prior circumstances for screening instead of circumventing
aspects of his prior service.
The complete DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 2 Dec 11, copies of the Air Force evaluations were forwarded
to the applicant for review and comment within 30 days. To date,
a response has not been received (Exhibit E).
_________________________________________________________________
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 error or injustice. Although, the
applicant was assigned an incorrect RE code, the administrative
correction proposed by AFPC/DPSOA appears to be required based on
the circumstances of the applicants separation. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the AFPC/DPSOA and adopt its rationale as the primary basis
for our conclusion that the applicant has not been the victim of
an error or injustice. We further note that HQ AETC/SGPS states
the applicants separation was completed in accordance with
established policy and administrative procedures. Therefore, in
the absence of evidence to the contrary, we find no compelling
basis to recommend granting the relief sought in this
application.
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 involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 Docket Number
BC-2011-03706 in Executive Session on 8 Mar 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2011-03706 was considered:
Exhibit A. DD Form 149, dated 28 Jun 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AETC/SGPS, dated 19 Oct 11.
Exhibit D. Letter, AFPC/DPSOA, dated 14 Nov 12.
Exhibit E. Letter, SAF/MRBR, dated 2 Dec 12.
Panel Chair
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