RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01015
		
		COUNSEL:  NONE

		HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of 4C (Separated for 
concealment of juvenile records, minority, failure to meet 
physical standard for enlistment, failure to attain a 9.0 
reading grade level as measured by the Air Force Reading 
Abilities Test, or void enlistments) be corrected.


APPLICANT CONTENDS THAT:

His RE code suggests fraudulent enlistment based on the medical 
diagnoses; however, he has never had a hernia.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
20 Aug 13.  

On 20 Sep 13, the applicant was notified by his commander of his 
intent to recommend his discharge under the provisions of AFPD 
36-32 and AFI 36-3208, Administrative Separation of Airmen, 
Chapter 5, Section C, Defective Enlistments.  The reason for the 
action was a medical narrative summary, dated 13 Sep 13, which 
indicated that the applicant did not meet the minimum medical 
standards to enlist and should not have been allowed to join the 
Air Force because he had testicular hydrocele and inguinal 
hernia. 

On 20 Sep 13, the applicant acknowledged receipt of the action 
and declined to consult with counsel or to submit statements in 
his own behalf.

On 24 Sep 13, the case was found to be legally sufficient and on 
24 Sep 13, the discharge authority concurred with the 
commander’s recommendation.

On 26 Sep 13, the applicant was furnished an entry-level 
separation with uncharacterized service, with an RE code of 4C  
and was credited with one month and seven days of total active 
service.

On 27 May 14, AFPC/DPSOA notified the applicant of their 
determination that his RE code of 4C, as reflected on his DD 
Form 214, Certificate of Release or Discharge from Active Duty, 
was incorrect and that his RE code would be corrected to reflect 
2C (Involuntarily separated with an honorable discharge; or 
entry level separation without characterization of service), 
based on his entry level separation with uncharacterized service 
(Exhibit B).


AIR FORCE EVALUATION:

AETC/SGPS recommends approval, indicating there is evidence of 
an error or injustice.  The applicant was diagnosed with a 
hernia during Basic Military Training and was separated in Sep 
13.  On 4 Oct 13, the applicant had surgery to repair a right 
inguinal hernia and also had a left hydrocele which was 
corrected with a scrotal orchidopexy on 21 Nov 13.  Since his 
separation, both of the disqualifying conditions have been 
corrected and the applicant could have been cleared by the 
Military Entrance Processing Station (MEPS) Chief Medical 
Officer.  
 
A complete copy of the AETC/SGPS evaluation is at Exhibit C.

AFPC/DPSOR recommends denial, indicating that the applicant has 
not provided any proof of an error or injustice related to his 
SPD code.  The medical authorities concluded that the applicant 
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.  Since this falls under the criteria in 
AFI 36-3208 under the category of Erroneous Enlistment, both the 
commander and the discharge authority initiated discharge 
procedures as per the instruction.  Therefore, the SPD code and 
narrative reason for separation are correct as indicated on the 
DD Form 214, Certificate of Release or Discharge from Active 
Duty.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant feels the RE code of 2C, more accurately 
characterizes his discharge (Exhibit E).



THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice.  After a thorough 
review of the evidence of record and the applicant’s complete 
submission, we believe that corrective action is warranted.  
While we note the comments of AFPC/DPSOR indicating that relief 
should be denied because the applicant’s separation program 
designator (SPD) code and narrative reason were properly issued 
as a result of a pre-existing medical condition, we believe it 
would be an injustice for the applicant to be precluded from 
being considered for reenlistment.  In this respect, we note 
that since the applicant’s separation, it appears that his 
disqualifying conditions have been corrected and if cleared by 
the MEPS he could re-enter military service.  We note that 
AFPC/DPSOA has determined the applicant’s reentry (RE) code of 
4C was issued erroneously and has corrected his records 
administratively to reflect that he was issued an RE code of 2C; 
however, in view of the fact that it appears as though the 
applicant’s disqualifying conditions have been resolved, we 
believe it would be appropriate to correct the applicant’s 
records to ensure that he is eligible to be considered for an 
enlistment waiver, provided he is otherwise qualified.  
Therefore, we recommend the applicant’s records be corrected to 
reflect that he was issued an RE code of 3K (Secretarial 
Authority), with corresponding narrative reason for separation 
and SPD code that would allow him to be eligible for an 
enlistment waiver.  Whether or not the applicant is successful 
in obtaining a waiver to enlist will be based entirely on the 
needs of the service, provided he is otherwise qualified.  
Therefore, we recommend the applicant’s records be corrected to 
the extent indicated below.

4.  The applicant’s 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 issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that on 
26 Sep 13, he was issued an Reenlistment Eligibility (RE) code 
of “3K” (Secretarial Authority), narrative reason for separation 
of “Secretarial Authority,” and a separation program designator 
(SPD) code of “KFF” in conjunction with his entry level 
separation with uncharacterized service.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-01015 in Executive Session on 11 Dec 14, under 
the provisions of AFI 36-2603:

	

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 20 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AETC/SGPS, dated 19 Mar 14.
	Exhibit D.  Memorandum, AFPC/DPSOR, dated 4 Apr 14.
	Exhibit E.  Letter, Applicant, dated 30 Aug 14.