RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01278

		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 
reenter military service.

________________________________________________________________

APPLICANT CONTENDS THAT:

His separation was unjust and in error based on the medical 
diagnosis of shoulder instability prior to entering military 
service.  He had no shoulder pain or laxity of the shoulder 
prior to entering the military.  It was recommended he could 
apply to reenter military service after his condition was 
resolved.  He has provided medical documentation showing his 
shoulder is stable.

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

________________________________________________________________

STATEMENT OF FACTS:

According to excerpts of the applicant’s service medical 
records, on 29 Oct 09, the applicant was found qualified for 
military service.  The applicant’s DD Form 2807-1, Report of 
Medical History, dated 29 Oct 09, Block 12a, Painful shoulder, 
elbow or wrist (e.g. pain, dislocation, etc.) reflects “No.”   

On 16 Mar 10, the applicant commenced his enlistment in the 
Regular Air Force.

On 13 May 10, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for Erroneous 
Enlistment.  The specific reason for the discharge action was 
the medical narrative summary, dated 10 May 10, which reflected 
the applicant did not meet the minimum medical standards to 
enlist.  The applicant should not have been allowed to enlist 
due to his shoulder instability, which existed prior to his 
service.

On 13 May 10, the applicant acknowledged receipt of the 
notification and waived his right to consult with legal counsel 
or to submit a statement in his own behalf.

The discharge authority subsequently directed the applicant be 
furnished an entry-level separation with uncharacterized 
service.  He was so discharged on 19 May 10 and was credited 
with two months and four days of total active service.

________________________________________________________________

AIR FORCE EVALUATION:

AETC/SGPS recommends approval, indicating the processing of the 
applicant’s separation was carried out in accordance with 
established policy and administrative procedures.  However, once 
the laxity has been corrected and the applicant is released to 
full unrestricted physical activities there is no medical reason 
why he could not reapply to reenter military service.

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

AFPC/DPSOA notes the applicant received an erroneous RE code of 
4C.  The correct RE code is 2C (Involuntarily separated with an 
honorable discharge; or entry level separation without 
characterization of service).  Although AETC/SGPS recommended 
changing the RE code, the RE code is not driven by a medical 
condition, but is required based on the applicant’s involuntary 
entry-level separation with uncharacterized service.  The 
medical community does not have the authority or any valid input 
as to the correctness of the current RE code.  The medical 
community is qualified to recommend the applicant be given an 
opportunity to be medically screened for military service based 
on his current medical status (if otherwise eligible).  However, 
a waiver of prior circumstances would be more appropriate than 
circumventing the screening and waiver process.  The applicant’s 
DD Form 214 will be administratively corrected to reflect the 
correct RE code of 2C unless otherwise directed by the Board.

The complete AFPC/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 17 Jun 13 for review and comment 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 timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice to warrant 
changing the applicant’s RE code to one that would make him 
eligible for military service.  While we note the AETC/SGPS 
recommendation to grant changing the RE code because the 
applicant may meet current medical accession standards, we agree 
with the opinion and the recommendation of AFPC/DPSOA and adopt 
their rationale as the basis for our conclusion the applicant 
has not been the victim of an error or injustice.  In this 
respect, we note the comments from AFPC/DPSOA indicating that it 
would be more appropriate for the applicant to pursue an 
enlistment waiver for an opportunity to be medically screened 
for accession (provided he was otherwise qualified), rather than 
circumventing this process by changing the record as requested.  
We also note the RE code the applicant received at separation 
was technically incorrect and his records will be 
administratively corrected to reflect the RE code 2C, which 
accurately reflects he received an entry-level separation with 
uncharacterized service.  Therefore, in view of the above, we 
find no basis to recommend any corrections to his record beyond 
that which will be administratively resolved.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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-2013-01278 in Executive Session on 19 Dec 13, under 
the provisions of AFI 36-2603:

	, Chair
	, Member
	, Member

?
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-01278 was considered:

	Exhibit A.  DD Form 149, dated 8 Oct 12, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AETC/SGPS, dated 9 May 13.
	Exhibit D.  Letter, AFPC/DPSOA, dated 30 May 13.
	Exhibit E.  Letter, SAF/MRBR, dated 17 Jun 13.




                                   
                                   Chair