RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04874
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Separation Code of JFC (Erroneous Enlistment) and Narrative
Reason for Separation of Erroneous Entry (Other) be removed from
his DD Form 214, Certificate of Release or Discharge from Active
Duty.
________________________________________________________________
APPLICANT CONTENDS THAT:
When he entered the military he did not know he had scoliosis
(curvature of the spine). Had he known, it could have been
waived because the Air Force grants waivers for up to 30 degrees
of curvature. He was released from the Pararescue Program
because of a broken leg (stress fracture in his left tibia).
The broken leg was the reason for his separation. There was no
erroneous enlistment for scoliosis.
In support of his request, the applicant provides an expanded
statement, a copy of his DD Form 214, discharge paperwork and
excerpts from his medical records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 13 Nov 07.
On 6 May 08, his commander notified the applicant that he was
recommending him for discharge for entry level separation
(Erroneous Enlistment). The commander cited a medical narrative
summary, dated 25 Apr 08, which found the applicant did not meet
minimum medical standards to enlist. The applicant acknowledged
receipt, waived his right to consult with counsel and to submit
statements in his own behalf. The legal office reviewed the
case file and found it legally sufficient, and the discharge
authority directed the applicant be furnished an entry-level
separation with uncharacterized service.
On 12 May 08, the applicant was furnished an entry-level
separation with uncharacterized service with the reason for
separation of Erroneous Enlistment (Other), and was credited
with six months of active service.
On 30 Aug 10, the applicant was examined by a military
physician, and determined to be medically qualified for entry
into the service.
The remaining relevant facts pertaining to this application are
described in the letters prepared by the Air Force offices of
responsibility which are included at Exhibits C and D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial indicating there is no evidence of
an error or injustice. The applicant was eliminated from
training due to a physical injury (stress fracture) with long-
term recovery, training restrictions, and unknown outcome.
The applicant should not have been allowed to join the Air Force
because of scoliosis. At the time of separation, it was done in
accordance with established policy and administrative
procedures. His conditions rendered him unsuitable to continue
military service. The applicant did not submit any evidence or
identify any injustices that occurred in the discharge process.
A complete copy of the AFPC/DPSOS evaluation is at Exhibit C.
AETC/SGPS finds the separation, although possibly done for the
wrong reason, was done in accordance with established policy and
administrative procedures. The applicant requests his
Separation Code be changed as he was unaware of his scoliosis
prior to his enlistment in the Air Force. On 4 Apr 08, he was
diagnosed with scoliosis of the thoracic spine of 28 degrees and
the lumbar spine of 19 degrees. Neither of these conditions are
disqualifying for special duty, but it appears that is what he
was separated for. He also had a stress fracture in his left
tibia, and could not continue the strenuous physical training
required for special duty. The policy is that once his stress
fracture healed and he was released for full unrestricted
activities he should have been allowed to re-enter military
service, with no waiver required. His file should be corrected
to reflect the diagnosis of a left tibia stress fracture which
forced his removal from training and disqualification from
military service until it was healed. If he has remained
asymptomatic he would now meet enlistment criteria.
A complete copy of the AETC/SGPS evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 11 Apr 12 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicant is requesting his Separation Code of JFC (Erroneous
Enlistment) and Narrative Reason for Separation of Erroneous
Entry be changed on his DD214. The Board finds that while the
applicant did have scoliosis of the spine, his condition was
within acceptable limits for military service. In fact, the
physician for the Military Entrance Processing Station (MEPS)
identified and documented the applicants mild scoliosis on his
DD Form 2808, Report of Medical Examination, dated 6 Jun 2007,
and cleared him for entry into the Air Force, clearly
establishing that there was no erroneous entry. Therefore, in
our view, the applicants separation under Air Force Instruction
36-3208, Administrative Separation of Airmen, for Erroneous
Enlistment was erroneous. While it appears the applicant could
not continue his training for the Pararescue career field
because he suffered a stress fracture in his left tibia, once
the injury had healed he should have been allowed to re-enter
military service without requiring a waiver. Furthermore, we
note the applicant was subsequently reevaluated by a military
physician and determined to be physically qualified for military
duty, as documented on DD Form 2807-1, Report of Medical
History, dated 30 Aug 10. While we note the advisories from
AFPC/DPSOS and AETC/SPGS, which do not support changing the
applicants DD214, we believe the evidence provided clearly
established an error which warrants corrective action.
Therefore, we recommend the record be corrected as indicated
below.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that he was
issued a separation program designator (SPD) code of JFF, a
re-entry (RE) code of 3K, and a narrative reason for
separation of Secretarial Authority in conjunction with his
12 May 2008 entry-level separation with uncharacterized service.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04874 in Executive Session on 28 Aug 12, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Sep 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 13 Feb 12.
Exhibit D. Letter, AETC/SGPS, dated 28 Feb 12.
Exhibit E. Letter, SAF/MRBR, dated 11 Apr 12.
Panel Chair
AF | BCMR | CY2013 | BC 2013 01790
On 11 Apr 08, the applicant was furnished an entry-level separation with uncharacterized service with a narrative reason for separation of Erroneous Entry (OTHER), and an RE code of 2C (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service). In accordance with AFI 36-2606, Reenlistment in the USAF, chapter 5, the RE code 2C is required based on the entry-level separation with uncharacterized service and the applicant does not...
AF | BCMR | CY2011 | BC-2011-04872
The complete AFPC/DPSOA evaluation is at Exhibit D. AETC/SGPS notes the applicants separation was carried out in accordance with established policy and administrative procedures; however, they support changing the RE code should the Board grant the request. The complete AETC/SGPS evaluation is at Exhibit E. _________________________________________________________________ APPLICANT REVIEW OF AIR FORCE EVALUATION: While he understands the basis for the decision the Air Force took at the...
AF | BCMR | CY2010 | BC 2009 01073
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01073 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) Code of 2C which denotes "Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service be changed to a code that allows him to reenlist in the Air Force. The medical...
AF | BCMR | CY2010 | BC-2009-01073
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01073 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) Code of 2C which denotes "Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service be changed to a code that allows him to reenlist in the Air Force. The medical...
AF | BCMR | CY2013 | BC 2013 02261
On 24 Apr 2008, the applicant was discharged with an entry level separation and an uncharacterized character of service. _________________________________________________________________ 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...
AF | BCMR | CY2011 | BC-2010-02525
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02525 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. On 20 Oct 08, the applicant’s commander notified him that he was recommending his discharge from the Air Force for Erroneous Enlistment. We took notice of the applicant's complete submission in judging the merits of the case; however, we...
AF | BCMR | CY2010 | BC-2010-00169
The complete SGPS evaluation is at Exhibit C. The BCMR Medical Consultant recommends approval. The Medical Consultant is of the opinion that the Air Force followed what it believed to be an appropriate use of established policies for the separation of members, who within the first 180 days of service, demonstrate the inability to complete Basic Military Training. In this regard, after our review of the evidence before us and noting in particular the evaluation prepared by the BCMR Medical...
AF | BCMR | CY2011 | BC-2011-00396
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00396 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge be changed from an erroneous enlistment to a medical discharge. The complete DPSOS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the...
AF | BCMR | CY2010 | BC-2009-01468
She sought medical care on 23 Jun 08 for back pain. Based on the severity of her back pain and the negligible response to aggressive treatment at the time and despite her presentation of orthopedic opinions, SGPS does not support her reenlistment as the chance of recurrence under the stress of military conditions is felt to be too great. SGPSs complete evaluation is at Exhibit C. AFPC/DPSOA recommends denial.
AF | PDBR | CY2012 | PD2012-00966
The PEB adjudicated the right upper sacrum stress fracture as unfitting, but used two codes, 5284 and 5294, each rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). However, the Board does not recommend a rating lower that what was adjudicated by the PEB. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: VASRD CODE 5284 - 5294 COMBINED RATING 10 +...