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AF | BCMR | CY2013 | BC 2013 02261
Original file (BC 2013 02261.txt) Auto-classification: Denied
 
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 applicant’s 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 applicant’s request to change 
her RE code, separation code, character of service and type of 
separation.  Based on the documentation in the applicant’s 
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 applicant’s 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 applicant’s request to change her 
RE code.  The RE code 2C is correct based on the applicant’s 
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 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 (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.  Applicant’s 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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