RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01899
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reentry (RE) Code of 4C (Failed Medical/Physical Procurement
Standards) be changed so he can enlist in the Navy or claim
aggravation for his condition to get Department of Veteran
Affairs assistance.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unjustly given an Erroneous Enlistment Discharge due to a
previously existing medical issue which was well documented on
his initial report of medical history, and was waived. He did
not try to hide the issue.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, report of medical history, excerpts from his separation
package, and DD Form 293, Application for the Review of
Discharge from the Armed Forces of the United States.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force on 11 Aug 99.
On 27 Aug 99, the applicants commander notified him she was
recommending him for discharge from the Air Force for erroneous
enlistment. The reason for the action was that his medical
narrative summary, dated 18 Aug 99, revealed the applicant did
not meet minimum medical standards to enlist. He should not
have been allowed to join the Air Force because of atrophy in
his right testicle and a painful left vericocele. The applicant
acknowledged receipt, and waived his right to counsel and to
submit a statement on his own behalf.
On 30 Aug 99, the discharge authority directed the applicant be
discharged with an Entry Level Separation for Erroneous
Enlistment with uncharacterized service.
On 1 Sep 99, the applicant was furnished a Entry Level
Separation with uncharacterized service, with a Narrative Reason
for Separation of Failed Medical/Physical Procurement
Standards, and an RE Code of 4C, and he was credited with 21
days of total active service.
The remaining relevant facts pertaining to this application are
described in the letters prepared by the Air Force offices of
primary responsibility (OPR) which are attached at Exhibits C
and D.
________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends denial of the applicants request to change
his RE code. The applicant underwent surgery to correct torsion
of his right testicle in 1993, apparently with good result. He
entered the Air Force on 11 Aug 99, and started basic training.
On 16 Aug 99, he was seen at Reid Clinic for sharp left lower
abdomen and scrotum pain, diagnosed as a painful left
varicocele, which rendered him unable to complete training and
disqualified him for military duty. The separation was carried
out in accordance with established policy and administrative
procedures. As the condition existed prior to entry and became
symptomatic during training, his RE code should not be changed.
A complete copy of the AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOS recommends denial, indicating there is no evidence of
an error or injustice. Although the applicant states his
medical condition was well documented, his medical condition
does not meet Air Force assessment standards. The applicants
discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the
discretion of the discharge authority. In accordance with DoD
and Air Force guidance on entry-level separations, the
applicants uncharacterized character of service which
resulted in an RE Code of 4C is correct. Airmen are given
entry-level separation with uncharacterized service when
separation is initiated in the first 180 days of continuous
active service. The Department of Defense (DoD) determined it
would be unfair to the member and the service to characterize a
members limited service when separation is initiated within the
first 180 days of active service.
A complete copy of the AFPC/DPSOS evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 28 Jun 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case. However, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility (OPRs) and adopt their rationale as the basis for
our conclusion the applicant has not been the victim of an error
or injustice. Therefore, 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 material error or injustice; the
applicant was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with the
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01899 in Executive Session on 17 Jan 13, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-01899 was considered:
Exhibit A. DD Form 149, dated 9 May 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 11 Jun 12.
Exhibit D. Letter, AFPC/DPSOS, dated 14 Jun 12.
Exhibit E. Letter, SAF/MRBR, dated 28 Jun 12.
Panel Chair
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