RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04255

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

His Reentry (RE) code of 4C (Concealment of juvenile rcds; or minority, or failure to meet physical standards; or failure to obtain 9.0 reading grade) be changed to a code that would make him eligible for reenlistment, medical discharge, or medical separation. 

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APPLICANT CONTENDS THAT:

The RE code of 4C makes prospective law enforcement employers think he was hiding information prior to enlistment or was discharged for behavior.  

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

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STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 17 Aug 10.

On 24 Sep 10, following a medical examination, the applicant was placed on Medical Hold status, and restricted in all exercises.

On 17 Nov 10, the applicant was diagnosed with a left atrial enlargement (enlarged heart chamber) without current cardiac symptoms, and recommended for an administrative separation in lieu of a Medical Evaluation Board (MEB), in accordance with AFI 36-3208, Administrative Separation of Airmen. 

On 30 Nov 10, the applicant was notified by his commander he was recommending him for discharge from the Air Force according to AFI 36-3208, Chapter 5, Section C, Defective Enlistments, for failure to meet Air Force physical standards.  

On 30 Nov 10, the applicant acknowledged this notification, waived his rights to counsel and to submit statements, and acknowledged that if discharged, he would not be entitled to any disability, retirement, or severance pay.

On 2 Dec 10, the discharge authority approved the commander’s recommendation and directed the applicant be furnished an entry-level separation (ELS).

On 3 Dec 10, the applicant was furnished an ELS with uncharacterized service under the provisions of AFI 36-3208, for failed medical/physical procurement standards and issued an RE code of 4C.  He was credited with 3 months and 17 days of total active service.

The remaining relevant facts pertaining to this application are contained 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 denial of the applicant’s request to change his RE code to reflect eligibility for reenlistment, medical discharge, or medical separation, indicating there is no evidence of an error or an injustice.  From the medical perspective, the separation was carried out in accordance with established policy and administrative procedures.  The applicant’s medical condition, enlarged heart chamber, is disqualifying for military service.

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

AFPC/DPSOA recommends denial of the applicant’s request for a reenlistment eligible RE code, indicating there is no evidence of an error or an injustice with respect to the applicant’s eligibility to re-enlist, or for some kind of medical discharge.  While the RE code of 4C issued to the applicant was incorrect and the applicant should have received an RE code of 2C (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service), there is no basis to correct the applicant’s records to provide him an RE code that would allow him to re-enlist.

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 an injustice with respect to the applicant’s discharge, type of separation, separation program designator (SPD) code, narrative reason for separation, and character of service.  Medical authorities concluded the member had a pre-existing condition that would have precluded him from joining the Air Force had this condition been made known at the time of his enlistment.  The applicant’s uncharacterized service is correct as reflected on his DD Form 214.  Airmen are given ELS with uncharacterized service when separation is initiated in the first 180 days of continuous active service.  The Department of Defense (DoD) determined it would be unfair to the member and the service to characterize their limited service when discharge action is initiated in the first 180 days of continuous active service.  Therefore, the uncharacterized character of service and narrative reason for separation which resulted from the erroneous enlistment on his DD form 214 are 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:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Jan 14 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice that would warrant issuing the applicant a reentry (RE) code that would make him eligible for reenlistment or a medical separation/retirement.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an injustice.  We note the applicant should have been issued an RE code of 2C in conjunction with his discharge and that his records will be corrected administratively.  As this code accurately reflects the circumstances of his separation, we agree with the administrative correction.  We are aware that correcting the applicant’s RE code to 2C will not afford him eligibility for immediate reenlistment or a medical retirement/separation; however, after a thorough review of all the facts and circumstances of this case, we are not persuaded that any relief beyond that rendered administratively is warranted.  

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an 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.

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The following members of the Board considered AFBCMR Docket Number BC-2013-04255 in Executive Session on 22 Jul 14, under the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 Sep 13, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AETC/SGPS, dated 22 Oct 13.
	Exhibit D.  Letter, AFPC/DPSOA, dated 15 Nov 13.
	Exhibit E.  Letter, AFPC/DPSOR, dated 13 Dec 13.
	Exhibit F.  Letter, SAF/MRBR, dated 6 Jan 14.