RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04878
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment (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) and his narrative reason for separation be changed.
________________________________________________________________
APPLICANT CONTENDS THAT:
The Military Entrance Processing Station (MEPS) was notified of
his kidney stones and cleared him to enter military service.
His recruiter told him he did not need a waiver for his medical
condition for enlistment into military service.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, and documents extracted from his military personnel
records related to this matter.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 19 Jun 12, the applicant commenced his enlistment in the
Regular Air Force.
Standard Form (SF) 600, Chronological Record of Medical Care,
dated 15 Aug 12, indicates the applicant had a history of
symptomatic urolitiosis (kidney stones) and the condition
existed prior to service. The applicant requested a waiver for
enlistment for his disqualifying condition; however, the waiver
request was denied with a recommendation to reapply for
enlistment once the condition was resolved.
On 14 Sep 12, the applicants commander notified him that he was
recommending his discharge from the Air Force for Erroneous
Enlistment. The specific reason for the discharge action was
the medical narrative summary, dated 29 Aug 12, which reflected
the applicant did not meet the minimum medical standards to
enlist. The applicant should not have been allowed to enlist
due a history of kidney stones.
On 17 Sep 12, the applicant acknowledged receipt of the
notification and after consulting with legal counsel invoked his
right to submit a statement in his own behalf.
On 19 Sep 12, the discharge authority directed the applicant be
furnished an entry-level separation with uncharacterized
service. On 20 Sep 12, he was furnished an entry-level
separation with uncharacterized service for failed medical/
procurement standards and issued an RE code of 4C. He was
credited with three months and two days of total active service.
________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends denial indicating there is no evidence of
an error or an injustice. The applicants separation was
carried out in accordance with established policy and
administrative procedures. A history of passing a single kidney
stone is not disqualifying for military service; however, it is
the recurrent stone history that is disqualifying and was the
basis for denial of the applicants enlistment waiver.
A complete copy of the AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOR recommends denial indicating there is no evidence of
an error or injustice. The applicant should not have been
allowed to enlist in the Air Force due to his history of kidney
stones. Had the Air Force been aware of his condition at the
time of enlistment, he would not have been allowed to enter
military service. Although the applicant contends he was
cleared to enter military service and his recruiter told him he
did not need a waiver for enlistment, the fact is his medical
condition did not meet assessment standards. The documentation
in the applicants master personnel records indicates the
discharge was consistent with the procedural and substantive
requirements of the discharge instruction and was within the
discretion of the discharge authority. The applicant has not
provided any evidence or identified any errors or injustices
that occurred in the discharge processing to warrant to a change
of the narrative for separation. Airmen are given an 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 or 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/DPSOR evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 1 Mar 13, for review and comment within 30 days.
As of this date, no response has been received by this office.
________________________________________________________________
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 an error or injustice. After
careful consideration of the circumstances of this case and the
evidence provided by the applicant, we are not persuaded the
discharge action and the resulting reenlistment code he received
were in error or unjust. The applicant contends he was cleared
by at the military entrance processing center (MEPS) to enter
military service with his preexisting kidney stone and was told
by his recruiter that he would not need a waiver for said
condition. However, shortly after completing basic military
training, the applicant began experiencing pain in his upper
quadrant and subsequently passed two kidney stones. He
requested a waiver to remain on active duty, but the waiver was
denied based on his recurrent history of kidney stones. It was
determined the applicants condition did not meet the minimum
medical standard for enlistment. As noted by the _AETC/SGPS,
the passing of a single stone is not disqualifying for
enlistment; however, the applicants recurrent history of kidney
stones is disqualifying for continued military service.
Therefore, in view of the above and 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
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-2012-04878 in Executive Session on 9 Jul 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Sep 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 11 Dec 12.
Exhibit D. Letter, AFPC/DPSOR, dated 25 Feb 13.
Exhibit E. Letter, SAF/MRBR, dated 1 Mar 13.
Panel Chair
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