RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02810
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His reentry (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) be changed to a code that would allow him to
reenlist.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He has been physically capable of fulfilling DoD standards since
his discharge. He desires his code be changed to a more
favorable RE code.
In support of the applicants appeal, he provides a DD Form 293,
Application for the Review of Discharge from the Armed Forces of
the United States, documents extracted from his military
personnel records, service medical records, and other
documentation.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 25 March
2008.
The applicant was notified by his commander of his intent to
recommend that he be discharged from the Air Force under the
provisions of AFPD 36-32 and AFI 36-3208. The specific reason
was a medical narrative summary dated 9 May 2008 that found the
applicant did not meet minimum medical standards to enlist. He
should not have been allowed to join the Air Force because he
has pes planus.
He was advised of his rights in this matter and elected not to
consult with counsel and elected not to submit a statement on
his own behalf. In a legal review of the case file, the
assistant staff judge advocate found the case legally sufficient
and recommended discharge. The discharge authority concurred
with the recommendation and directed an entry level separation.
The applicant was discharged on 19 May 2008. He served 1 month
and 25 days on active duty.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states the applicant
received an erroneous RE code on his DD Form 214 of 4C. His
correct RE code is 2C (Involuntarily separated with an honorable
discharge; or entry level separation without characterization of
service) as required by AFI 36-2606, Reenlistments in the USAF,
chapter 3, based on his entry level separation with
uncharacterized character of service. The RE code 2C applies to
all entry level separations without characterizations of service
regardless of whether the discharge is voluntary or involuntary.
RE code 2C is not driven by a medical condition and AETC/SG
(medical community) does not have authority or any valid input
as to the correctness or recommended changes to the RE code.
They are qualified to recommend applicant be given an
opportunity to be medically screened or cleared for reentry into
military service based on his current or future medical status
(if otherwise eligible). As such, a waiver of the RE code 2C
from recruiting services based on medical communitys
recommendation of meeting medical requirements would be more
appropriate than change his RE code. A waiver of the RE code
would identify prior circumstances for screening instead of
circumventing aspects of his prior service.
AFPC/DPSOY will provide the applicant a corrected copy of his
DD Form 214 with an RE code of 2C, unless otherwise directed by
the board.
The DPSOA complete evaluation is at Exhibit C.
AETC/SGPS recommends approval. SGPS support a change to allow
the applicant to re-physical and be reviewed for a medical
waiver. SGPS states based on the documentation on file in the
applicants records, SGPS finds the separation was done in
accordance with established policy and administrative
procedures. Since the condition has reportedly been resolved
there is the possibility he could be considered for a new waiver
to enlist in the military. He would need a current podiatry
evaluation with release to full unrestricted activities, and a
new MEPS Physical Evaluation (PE).
The SGPS complete evaluation is at Exhibit D.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 December 2013, copies of the Air Force evaluations were
forwarded to the applicant for review and response within
30 days (Exhibit E). 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 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 an error or injustice. The
applicant's complete submission was thoroughly reviewed and his
contentions were duly noted, to include the differing opinions
of the Air Force evaluators. However, we do not find the
applicants assertions and the documentation presented in
support of his appeal sufficiently persuasive to override the
rationale provided by AFPC/DPSOA. We note that AFPC/DPSOA will
correct the applicants RE Code to 2C to appropriately reflect
his entry level separation with uncharacterized service. We
agree with this correction. However, with the revised RE code
of 2C, and since the condition has reportedly been resolved,
there is the possibility he could be considered for a new waiver
to enlist in the military. He would need a current podiatry
evaluation with a release to full unrestricted activities, and a
new MEPS PE. Therefore, relief beyond that already
administratively granted is not warranted. 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 an 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-2013-02810 in Executive Session on 18 February 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 June 2013, w/atchs.
Exhibit B. Applicants Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 23 July 2013.
Exhibit D. Letter, AETC/SGPS, dated 13 November 2013.
Exhibit E. Letter, SAF/MRBR, dated 6 December 2013.
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