RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02996
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 maintain a 9.0 reading grade level as
measured by the Air Force Reading Abilities Test, or void
enlistments), be changed to a 1 series or a code to allow him to
reenter the military.
___________________________________________________________________
APPLICANT CONTENDS THAT:
A change of his RE code is appropriate since his medical condition
that led to his discharge, no longer presents itself.
The applicants complete submission, with attachments, is at
Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Regular Air Force
effective 13 June 2006.
On 27 July 2006, the applicants commander notified him of his
intent to recommend him for discharge for defective enlistment with
an uncharacterized entry level separation. The applicant
acknowledged the commanders notification of discharge and waived
his rights to consult legal counsel and to submit statements in his
own behalf. After the Chief, Adverse Actions found the case to be
legally sufficient; the discharge authority approved the entry
level separation and directed the applicant be separated with
uncharacterized service under the provisions of Air Force Program
Directive 36-32 and Air Force Instruction 36-3208, Chapter 5,
Section C, Defective Enlistments, paragraph 5.14, under Basis for
Discharge for Erroneous Enlistment.
On 29 September 2009, the applicant was separated with
uncharacterized service after serving 1 month and 25 days on active
duty. His DD Form 214, Certificate of Release or Discharge from
Active Duty, reflects his RE code as 4C, his separation code as
JFW and his narrative reason for separation as Failed
Medical/Physical Procurement Standards.
__________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denying the applicants request for an RE
code change. DPSOA states the applicant received an erroneous RE
code on his DD Form 214. The correct RE code is 2C
(Involuntarily separated with an honorable discharge; or entry
level separation without characterization of service) as required
by Air Force Instruction 36-3206, Reenlistments in the USAF,
Chapter 3. The RE code 2C is required based on his entry level
separation with uncharacterized service. The applicant does not
provide evidence of an error or injustice in reference to his RE
Code.
The complete DPSOA evaluation is at Exhibit C.
AETC/SGPS recommends denial. SGPS states that although the
applicants medical history was disclosed to the Military Entrance
Processing Station, and he was cleared for military duty, his
condition was aggravated by the strenuous requirements of training
and he could not continue. He had a history of two left sided
spontaneous pneumothorax in 1999, which were surgically corrected.
On 30 June 2006, the applicant reported to the medical clinic
complaining of sharp chest pain and coughing up blood. He was
evaluated and it was determined that this was an aggravation of his
previous pneumothorax and treatment; and, that he would not be able
to complete training. Therefore, it was recommended he be
separated from the military. Medical and physical evaluation
boards are not authorized to members who have been in the military
for less than six months and his condition, which prevents
training, existed prior to service.
The complete SGPS evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant
on 30 August 2012, for review and comment within 30 days (Exhibit
E). As of this date, this office has received no response.
___________________________________________________________________
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 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, in the
absence of evidence to the contrary, we find no basis to recommend
granting the relief sought in this application. We note that the
Air Force office of primary responsibility indicates that the
proper RE code the applicant should have received upon separation
is 2C based on his uncharacterized entry level separation, and
that they will administratively correct the applicants record to
reflect this correction unless otherwise directed by the Board. We
concur with this correction.
___________________________________________________________________
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-2012-02996 in Executive Session on 16 April 2013, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2012-02996:
Exhibit A. DD Form 149, dated 6 Jul 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 8 Aug 12.
Exhibit D. Letter, AETC/SGPS, dated 28 Aug 12.
Exhibit E. Letter, SAF/MRBR, dated 30 Aug 12.
Panel Chair
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