RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04043
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code 2C (involuntarily separated with an
honorable discharge; or entry level separation without
characterization of service) and his separation (SPD) code JFC
(erroneous enlistment) be changed to allow him to enter the Air
Force Reserve.
________________________________________________________________
APPLICANT CONTENDS THAT:
He did not enter the Air Force erroneously. He was informed at
the Military Entry Processing Station (MEPS) that he had a mild
case of scoliosis and that it was not disqualifying. He does
not believe the back pain for which he was discharged was caused
by scoliosis. He believes the pain was caused by a fall he
sustained during training. That injury has long since healed.
In support of his appeal, the applicant provides his DD Form
214, Certificate of Release or Discharge from Active Duty, a
statement from a physician and copies of his medical records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 18 March
2008. On 21 October 2008, he was notified of his commanders
intent to discharge him from the Air Force for erroneous
enlistment. Specifically, the applicant was diagnosed with back
pain and scoliosis, a disqualifying condition that existed prior
to his service. He acknowledged his commanders intent to
discharge him. He also acknowledged his right to consult
counsel and submit matters on his own behalf: he declined both.
On 27 October 2008, the staff judge advocate found the discharge
legally sufficient. The commander approved the applicants
separation and directed he be discharged upon being medically
cleared. The applicant was honorably separated for erroneous
enlistment on 5 November 2008. His SPD code was listed as JFC
and his RE Code was listed as 2C. He was credited with
7 months and 18 days of active duty service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. Airmen are subject to discharge
for erroneous enlistment if the enlistment would not have
occurred when the relevant facts are known by the Air Force and
the eligibility criteria of AFI 36-2002, Regular Air Force and
Specialty Accessions, had been followed, it was not the result
of fraudulent enlistment on the part of the member and the
defect is unchanged by any material respect.
The applicants medical records indicate he experienced symptoms
of scoliosis and back pain prior to entering the Air Force. The
treating physicians assistant and the staff physician concurred
the condition existed prior to his enlistment. The applicant
should not have been allowed to enter the service. Had the Air
Force known of his condition at the time of his enlistment, he
would not have been allowed entry.
The discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the
discretion of the discharge authority.
The complete DPSOS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. The applicants RE Code 2C is
required per AFI 36-2606, Reenlistments in the USAF, based on
his involuntary discharge with an honorable character of
service. The applicant does not provide proof of an error or
injustice in reference to his RE code.
The complete DPSOA evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded to the Air Force advisory stating that
he did not have back pain prior to entering the Air Force. He
reiterates he did not experience back pain until after he fell
while performing Security Forces training in the field at Camp
Bullis. Immediately after the fall, he notified his instructor
of the pain. He is confident the pain he experienced prior to
his discharge was not caused by a pre-existing condition.
The applicants complete response is at 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 error or injustice. We took notice
of the applicants complete submission in judging the merits of
the case; however, we are not persuaded by the evidence
submitted in his appeal that a change in his records is
warranted. Therefore, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility, and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an
error or injustice. 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-2011-04043 in Executive Session on 26 April 2012 under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Oct 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 4 Jan 12.
Exhibit D. Letter, AFPC/DPSOA, dated 26 Jan 12.
Exhibit E. Letter, SAF/MRBR, dated 10 Feb 12.
Exhibit F. Letter, Applicants Response, dated 23 Feb 12.
Panel Chair
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