AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00821
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
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 RE code “1J” (Eligible to reenlist,
but elects separation).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is unable to reenlist with his current RE code. Medical
documentation, AFIs and DoDIs, all state that his condition is
not grounds for discharge.
In support of the applicant’s appeal, he provides a personal
statement, letter of support and documents extracted from his
military personnel records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 15 August
2006.
On 29 September 2006, the applicant was notified by his commander
of his intent to recommend that he be discharged from the Air
Force under the provisions of AFPD-36-32 and AFI 36-3208. The
specific reason was a medical narrative summary dated
27 September 2006 that found he did not meet minimum medical
standards to enlist. He should not have been allowed to join the
Air Force because of pectus carinatum.
He was advised of his rights in this matter and elected not to
consult with counsel and elected not to submit a statement on his
own behalf. In a legal review of the case file, the chief,
military justice found the case legally sufficient and
recommended discharge. The discharge authority concurred with
the recommendation and directed an entry level separation. The
applicant was discharged on 5 October 2006. He served 1 month
and 21 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS finds the separation questionable since he meets
current medical criteria for military duty; they support a change
to his RE code. SGPS states the applicant was seen in Trainee
Health on his second day of training for what appears to be
shortness of breath. He was administered pulmonary function test
which was normal as well as a methacholine challenge test that
was negative. He declined the option to have his case reviewed
for a medical waiver. It is unclear why this individual was
separated and there was no documentation in the file that
supports this action based on the DoDI.
The SGPS complete evaluation is at Exhibit C.
AFPC/DPSOA recommends denial of his request for a reenlistment
eligible RE code. DPSOA states the applicant received an
erroneous RE code on his DD Form 214 of 4C. His correct RE code
is 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 without characterization of
service. The RE code 2C applies to all entry level separations
without characterizations of service regardless of whether the
discharge is voluntary or involuntary. AETC/SGPS states the
applicant meets current medical requirements, a waiver from
recruiting would be appropriate versus changing the applicant’s
correct RE code of 2C.
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 DPSOA complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 18 April 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days. As of this date, no response has been received by this
office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
2
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 an error or injustice. The
applicant's complete submission was thoroughly reviewed and his
contentions were duly noted. However, we do not find the
applicant’s assertions and the documentation presented in support
of his appeal sufficiently persuasive to override the rationale
provided by AFPC/DPSOA. However, we note that AFPC/DPSOA will
correct the applicant’s RE Code to 2C to appropriately reflect
his entry level separation with uncharacterized service. We
agree with this correction. Therefore, relief beyond that
already administratively granted is not warranted. 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 the evidence presented did not
demonstrate the existence of an 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-2012-00821 in Executive Session on 31 July 2012, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-00821 was considered:
Exhibit A. DD Form 149, dated 14 February 2012, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 31 March 2012.
Exhibit D. Letter, AFPC/DPSOA, dated 12 April 2012.
Exhibit E. Letter, SAF/MRBR, dated 18 April 2012.
3
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