RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00785

		COUNSEL:  No

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed so that he may pursue a career in the military.

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APPLICANT CONTENDS THAT:

He enlisted in the Air Force with no complications or set backs or need for an appeals due to injury or legal action.  He made note of a slight back problem that was on its way to recovery.  He told his recruiter about it and he said it was of no consequence, as long as it did not keep him from performing his duties.  And it did not, however he made an unofficial request to have a non-physical job, such as administrative or intelligence (he speaks Farsi and Arabic) not something having to due with regular physical strain.  This was made clear to him that it would not be a problem and he could choose from a list of such jobs.  He went through basic training without a problem and he excelled in his flight as the Academic Monitor and Chapel Guide.  He also received his Marksmanship ribbon at warrior week.

In support of his appeal, he submits Special Order AB-31757, a personal data sheet, DD Form 214, Certificate of Release or Discharge from Active Duty and a personal letter.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 17 Jul 01 for a period of 4 years.  He was separated from the Air Force on 9 Nov 01 under the provisions of AFI 36-3208, Administrative Separation of Airmen (erroneous entry) with an uncharacterized entry-level separation.  He served 3 months and 23 days total active service.  However, the applicant's military record does not contain a notification letter or separation package.  

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C and D.  

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AIR FORCE EVALUATION:

BCMR Medical Consultant is of the opinion that the weight of the evidence does not clearly dictate a specific course of action at this time.  The narrative reason for discharge of erroneous enlistment does not seem accurate.  The applicant entered active duty 17 Jul 01 and completed basic training without difficulty.  During basic training, his excellent performance earned him the position of Academic Monitor.  Although he had requested career fields that were not physically demanding, he was selected for security forces training.  In the fourth week of security forces training he developed mid back pain and shooting pains from his finger to the back.  He first presented for medical care 20 Sep 01.  That clinic entry states that he had back pain that existed prior to service and that he had discussed the back pain with his recruiter and the Military Entrance Processing Station (MEPS) personnel, and was told if the pain was not problematic, to proceed with enlistment.  He received appropriate treatment and was placed on limited duty.  Due to ongoing pain, he was referred to physical therapy on September 27.  On follow up October 16, he continued to experience pain felt to be duty limiting and was referred for orthopedic surgery evaluation.  His orthopedic evaluation on October 17, 2001 concluded with a diagnosis of "chronic back pain, mild spinal asymmetry, and recommended discharge from the Air Force due to EPTS" (existing prior to service condition).  As a result, entry-level separation was initiated.  However, it does not appear that there were any significant facts unknown to the Air Force at the time of his entry that would have resulted in denial of entry into the Air Force and characterizing his entry as erroneous appears to be inaccurate.

Although the action and disposition in this case were proper and equitable reflecting compliance with Air Force directives that implement the law, the outcome may well have been different had his request for a less strenuous career field been granted.  Were his requests be granted and he reenter active duty and experienced recurrent back pain that interfered with training or duty, the process of separating him from active duty would occur again.  The expense of accession and training would again be lost.  Therefore, if the Board decides in the applicant's favor, the Medical Consultant recommends that his entry be contingent on orthopedic evaluation through the MEPS with the use of the standards of enlistment, Attachment 3 of AFI 48-123 even though the applicant is within 6 months of separation.

BCMR Medical Consultant complete evaluation is at Exhibit C.

AFPC/DPPRSP stated that based on the documentation in the file, we believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within sound discretion of the discharge authority.  Airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  The Department of Defense (DOD) determined if a member served less than 180 days continuous service, it would be unfair to the member and the service to characterize their limited service.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  

AFPC/DPPRSP complete evaluation is at Exhibit D.

AFPC/DPPAE stated that the applicant separated on 9 Nov 01, after serving 3 months and 23 days active service.  The RE code of 2C, "Involuntarily separated with an honorable discharge; or entry level separation without characterization of service" is correct. 

AFPC/DPPAE complete evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 9 Aug 02, for review and comment within 30 days.  As of this date, no response has been received by this office

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of injustice.  While the RE code assigned to the applicant, at the time was technically correct and in accordance with the applicable instructions, we believe it would be an injustice for him to continue to suffer its effects in the way of enlistment opportunities in the armed forces.  It appears that his physical ability to progress in his security police training was affected in part by a medical condition, which we note no longer exists.  We note also that he wishes to pursue a career in the military using his Farsi and Arabic language skills and, in view of the totality of the circumstances present in this case, we believe that he should be given the opportunity to apply for enlistment.  Whether or not he is successful will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to any branch of the service.  Therefore, the reason for his separation should be changed to Secretarial Authority and his RE code of 2C should be changed to 3K, a code that can be waived for prior service enlistment consideration.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 9 November 2001, he was separated under the provisions of AFR 36-3208, paragraph 1.2 (Secretarial Authority) with a separation code of JFF and a reenlistment eligibility (RE) code of 3K.

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The following members of the Board considered Docket Number 02-00785 in Executive Session on 31 October 2002, 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 19 March 2002, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, 8 May 02.
     Exhibit D.  Letter, AFPC/DPPRSP, dated 24 May 02.
     Exhibit E.  Letter, AFPC/DPPAE, dated 6 Aug 02.
     Exhibit F.  Letter, SAF/MRBR, dated 9 Aug 02.

                                  

AFBCMR 02-00785

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that be corrected to show that on 9 November 2001, he was separated under the provisions of AFR 36-3208, paragraph 1.2 (Secretarial Authority) with a separation code of JFF and a reenlistment eligibility (RE) code of 3K.