RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02261
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her Reentry (RE) code 2C which denotes, Involuntarily
Separated with an Honorable Discharge; or Entry Level Separation
Without Characterization of Service be changed to allow
reenlistment in the Armed Forces.
2. Her separation code JFC, with corresponding narrative
reason for separation Erroneous Entry (Other), be changed to
allow reenlistment in the Armed Forces.
3. Her character of service be changed.
4. The type of separation be changed.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her Scoliosis was incorrectly measured at 36 degrees. The
correct measurement is 28 degrees which makes her eligible for
enlistment in the Armed Forces.
Her Scoliosis does not prevent her from performing an active
vocation and she does not have issues associated with pain,
muscular spasms, postural deformities or limitation of motion.
She is asymptomatic and is willing to see a military doctor to
confirm her statements.
In support of her request, the applicant provides a personal
statement, copies of her DD Form 214, Certificate of Release or
Discharge from Active Duty; Standard Form (SF)
600, Chronological Record of Medical Care; letters from her
physicians, medical information and other various documents
associated with her request.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 Feb 2008, the applicant entered active duty.
On 14 Apr 2008, her commander notified her of his decision to
recommend her discharge from the Air Force In Accordance With
(IAW) Air Force Instruction (AFI) 36-3208, Administrative
Separation of Airmen, for erroneous enlistment. The specific
reason for this action was a SF 600 dated 1 Apr 2008, reflects
that she was diagnosed with Scoliosis which existed prior to
entering the military. She would have been denied enlistment
had the Air Force known of this condition.
On 14 Apr 2008, the applicant acknowledged receipt of the
notification and waived her right to consult counsel and submit
statements in her own behalf.
On 16 Apr 2008, the staff judge advocate found the discharge
recommendation legally sufficient.
On 22 Apr 2008, the discharge authority approved the
recommendation.
On 24 Apr 2008, the applicant was discharged with an entry level
separation and an uncharacterized character of service. Her
narrative reason for separation on the DD Form 214 reflects
Erroneous Entry (Other) with the corresponding separation code
of JFC and RE code 2C.
She served 2 months and 20 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends denial of the applicants request to change
her RE code, separation code, character of service and type of
separation. Based on the documentation in the applicants
records, the separation was IAW established policy and
administrative procedures. She was granted a waiver for
military service for her Scoliosis which then was measured at 36
degrees. While in Basic Military Training (BMT), she was
measured at 38 degrees which exceeded her waiver. She declined
to have her case reviewed to update her waiver and was
subsequently processed for entry level separation. Furthermore,
it appears over time her Scoliosis has increased and even though
she provided a document that indicated it was 28 degrees, it
does not note by which method it was measured. Her file
indicates that since 2006 her degree of Scoliosis has increased
which is disqualifying for military service.
The complete SGPS evaluation is at Exhibit C.
AFPC/DPSOR recommends denial of her request to change her
separation reason. Airmen are given entry level
separation/uncharacterized service characterization when
separation is initiated in the first 180 days of continuous
active service. The Department of Defense (DOD) determined if a
member served less than 180 days of continued active service; it
would be unfair to the member and the service to characterize
their limited service. Therefore, her uncharacterized character
of service is correct IAW with DOD and Air Force instructions.
The documentation on file in her master personnel records
supports the basis for the discharge and the applicants entry
level service characterization. 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 was eliminated from training
due to physical injury (Scoliosis) and that condition existed
prior to entering the military. The applicant should not have
been allowed to join the Air Force because of Scoliosis. The
applicant did not submit any evidence or identify any errors or
injustice that occurred in the discharge processing and provided
no facts warranting a change to her separation.
The complete DPSOR evaluation is at Exhibit D.
DPSOA recommends denial of the applicants request to change her
RE code. The RE code 2C is correct based on the applicants
involuntary discharge with an uncharacterized character of
service and is IAW AFI 36-2606, Reenlistments in the United
States Air Force. The applicant does not provide any evidence
of an error or injustice reference to her RE code.
The complete DPSOA evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 6 Sep 2013 for review and comment within 30 days
(Exhibit F). As of this date, this office has not received a
response.
_________________________________________________________________
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 timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took
careful notice of the applicants 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 (OPR) and adopt the rationale expressed as the
basis for our conclusion that 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
any of the relief sought in this application.
_________________________________________________________________
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 relevant evidence not considered
with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-02261 in Executive Session on 13 Mar 2014 under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 May 2013, w/atchs.
Exhibit B. Applicants Military Personnel Records
Exhibit C. Letter, AETC/SGPS, dated 29 May 2013.
Exhibit D. Letter, AFPC/DPSOR, dated 28 Jun 2013.
Exhibit E. Letter, AFPC/DPSOA, dated 2 Aug 2013.
Exhibit F. Letter, SAF/MRBR, dated 6 Sep 2013.
Panel Chair
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