RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01790

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

Her entry-level separation with uncharacterized service and Reentry (RE) code be revised to allow her reentry to military service.  

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APPLICANT CONTENDS THAT:

She received a waiver which indicated her medical condition (T12 Compression Fracture) would not interfere with her military service and was allowed entry into the Air Force.  However, four days prior to completing six months of active duty service she was discharged for an erroneous enlistment, which listed the same medical condition.  She requested reclassification, but was denied.  

The applicant’s complete submission, with attachments, is at Exhibit A.  

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STATEMENT OF FACTS:

The applicant’s military personnel records indicate she enlisted in the Regular Air Force on 16 Oct 07.

On 11 Mar 08, a SF 600, Chronological Record of Medical Care, indicated the applicant suffered a T12 Compression Fracture which existed prior to service (EPTS); however, because the symptoms were apparently resolved, she was cleared by the Military Entrance Processing Station (MEPS) and received a waiver to enter the Air Force.  The applicant became unable to continue training due to chronic back pain and was recommended to be administratively separated.  

On 13 Mar 08, student administration initiated an AETC Form 125A, Record of Administrative Training Action, recommending the applicant’s disenrollment from training and separation from the Air Force.  The reason for the action was due to a physician assistant diagnosing her with Back Pain (history T12 Compression Fracture).  

On 2 Apr 08, the applicant was notified by her commander of his intent to recommend her discharge from the Air Force for erroneous enlistment.  The specific reason for the action was due to a SF 600, Chronological Record of Medical Case, dated 11 Mar 08, indicating she was diagnosed with back pain (history of T12 Compression Fracture).  Her condition existed prior to entering the military and she would not have been allowed entry if the Air Force had known of her condition.  

On 2 Apr 08, the applicant acknowledged receipt of the action, waived her right to legal counsel, and elected not to submit a statement on her behalf.  

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).  She was credited with 5 months and 26 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, D, and E.  

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AIR FORCE EVALUATION:

AETC/SGPS recommends approval contingent upon the applicant providing all past documentation of her low back pain, a current orthopedic evaluation noting release to full unrestricted activities, and a current medical history that confirms she has no other medical or physical conditions that would preclude re-entry into the military.  However, based on the documentation on file in the applicant’s records, her separation was carried out in accordance with established policy and administrative procedures.  Furthermore, the applicant was offered the opportunity to have her case reviewed for a medical waiver and she declined.  Subsequently, she was processed for an entry-level separation.  

A complete copy of the AETC/SGPS evaluation is at Exhibit C.  

AFPC/DPSOA recommends denial of the applicant’s request for an RE code that would allow her to reenlist.  While the applicant contends she was denied reclassification, a member is not afforded this opportunity when being involuntarily separated.  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 provide any evidence of an error or injustice in reference to her RE code.  

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.  

AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice.  Based on the documentation on file in the applicant’s master personnel records, the discharge was appropriately administered and within the discretion of the discharge authority.  Airmen are given entry-level separation with uncharacterized service when separation is initiated within the first 180 days of continuous service.  The Department of Defense (DoD) determined that it would be unfair to the department or the member to characterize a member’s limited service when such service is less than 180 days.  In addition, the applicant’s commander found she did not meet minimum medical standards to enlist.  The military environment is unique and stressors encountered in such an environment may not appear or surface when removed from the military environment.  While the applicant may be succeeding and coping well in a civilian capacity, it does not negate the basis of her discharge nor the fact that she should not have been allowed to join the Air Force with her medical condition.  The basis for the applicant’s discharge was for an erroneous enlistment.  In accordance with AFI 36-3208, Administrative Separation of Airmen, errors in the enlistment process occur when the Air Force does not have the true facts or does not take the right action.  Therefore, her narrative reason for separation is correct and in accordance with DoD and Air Force instructions.  

A complete copy of the AFPC/DPSOR evaluation is at Exhibit E.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant argues the evaluation is of personal opinion and judgment should not be based on opinions.  She further argues there is no reference as to why the Air Force should deny enlistment due to a T12 compression fracture.  It was implied the Air Force was unaware of her injury at the time of enlistment; however, a DD Form 2808, Report of Medical Examination, dated 17 May 07, shows in section 44, “WITH WAIVER FOR:  Healed T12 Compressions Fracture.”  This form was prepared prior to her 16 Oct 07 enlistment and was submitted with her original request, but seems to have not been noticed.  

The applicant’s complete response is at Exhibit G.  

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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 error or injustice with respect to the applicant’s request for a change to her RE code to be allowed reentry into the military.  A thorough review of the evidence of record revealed that her RE code of 2C is associated with her entry-level separation with uncharacterized service.  Airmen are issued an entry-level separation with uncharacterized service when the separation action is initiated within the first 180 days of active service.  It has been determined that it would be unfair to characterize their limited service when such service is less than 180 days.  While the applicant contends that she was separated just days prior to attaining 180 days of service, even if we were to assume for the sake of argument that she would have served more than 180 days, she would have still received an RE code of 2C as it is also appropriate to be issued when a member is involuntarily honorably discharged.  Therefore, in the absence of evidence that the applicant’s entry-level separation constituted an error on the part of the Air Force, we find no basis to recommend that the associated RE code be changed.  

4.  Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an injustice with respect to the applicant’s narrative reason for separation.  While there is no evidence that the applicant’s discharge was inappropriate to the circumstances, we do not believe the applicant’s narrative reason for separation should be an “Erroneous Entry (OTHER)” when she presented evidence indicating that the Air Force was fully aware of her healed T12 Compressions Fracture and granted her a waiver to enter the military.  Therefore, we believe it would be appropriate to recommend changing the applicant’s narrative reason for separation to “Secretarial Authority” and accompanying separation program designator (SPD) code of “JFF.”  Therefore, in the interest of equity and justice, we believe the applicant’s records should be corrected to the extent indicated below.  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that in conjunction with her 11 April 2008 entry-level separation with uncharacterized service, she was issued a narrative reason for separation of “Secretarial Authority,” instead of “Erroneous Entry (OTHER),” and a separation program designator (SPD) code of “JFF,” rather than “JFC.”

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The following members of the Board considered AFBCMR Docket Number BC-2013-01790 in Executive Session on 4 Feb 14, 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 2 Apr 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AETC/SGPS, dated 2 May 13.
	Exhibit D.  Letter, AFPC/DPSOA, dated 31 May 13.
	Exhibit E.  Letter, AFPC/DPSOR, dated 3 Jul 13.
	Exhibit F.  Letter, SAF/MRBR, dated 24 Jul 13.
	Exhibit G.  Letter, Applicant, dated 9 Aug 13, w/atchs.




                                   
                                   Panel Chair



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