RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02675
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her Reentry (RE) code 4C which denotes, Concealment of
juvenile records; or minority, or failure to meet physical
standards; or failure to obtain a 9.0 reading grade be changed
to allow reenlistment in the Armed Forces.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her RE code is unjust due to the fact that her history of
immunotherapy was voluntary and she would not have volunteered
to take allergy injections if she had known it would make her
ineligible to serve in the military.
She has been seen by multiple doctors to prove that her history
of extrinsic asthma (allergy, not exercise induced asthma only)
and allergies have been resolved and she would be able to serve
with absolutely no restrictions.
She is willing to undergo any further testing necessary.
Over the past three years, she has attempted to reenlist in the
military with a waiver; however, she has been declined due to
the difficulty in obtaining a waiver and military cutbacks.
In support of her request, the applicant submits a personal
statement, copies of medical information, AF IMT 100, Request
and Authorization for Separation; SF 600, Chronological Record
of Medical Care; DD Form 2808, Report of Medical Examination;
response to discharge notification, letters of support and DD
Form 214, Certificate of Release or Discharge from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 9 Feb 2010, the applicant entered active duty.
On 8 Mar 2010, 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 his action was a Narrative Summary dated 26 Feb 2010
that found the applicant did not meet minimum medical standards
to enlist.
On 8 Mar 2010, the applicant acknowledged receipt of the
notification. She consulted legal counsel and submitted
statements in her own behalf.
On 24 Mar 2010, the discharge authority approved the
recommendation.
On 26 Mar 2010, the applicant was discharged with an
uncharacterized character of service. She received a RE code of
4C and a narrative reason for separation of Failed Medical
Physical Procurement Standards.
She served 1 month and 18 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. Based on the documentation on
file in the master personnel records, the discharge was
consistent with the procedural and substantive requirements of
the discharge regulation and was within the discretion of the
discharge authority. The applicants service characterization
is correct as reflected on her DD Form 214.
The complete DPSOR evaluation is at Exhibit C.
DPSOA recommends denial of the applicants request for an
eligible RE code. DPSOR determined the applicants RE code of
4C is incorrect and upon the final determination of the Board
will administratively correct her RE code to 2C which denotes
Involuntarily separated with an honorable discharge; or entry
level separation without characterization of service IAW AFI
36-2606, Reenlistments in the USAF, based on her entry level
separation with an uncharacterized character of service. A
waiver of the RE code 2C from recruiting services based on the
medical communitys recommendation of meeting medical
requirements would be more appropriate than granting a
reenlistment eligible RE code since the applicant did not
provide any evidence of an error or injustice in her discharge.
The complete DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 23 Aug 2013 for review and comment within 30 days
(Exhibit E). 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 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 and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an
error or injustice. Therefore, aside from the administrative
corrections to her RE code, we find no basis to recommend
granting the relief sought in this application.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably
considered.
_________________________________________________________________
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-2013-02675 in Executive Session on 3 Apr 2014 under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 May 2013, w/atchs.
Exhibit B. Applicants Military Personnel Records
Exhibit C. Letter, AFPC/DPSOR, dated 9 Jul 2013.
Exhibit D. Letter, AFPC/DPSOA, dated 13 Aug 2013.
Exhibit E. Letter, SAF/MRBR, dated 23 Aug 2013.
Panel Chair
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