RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02932
				INDEX CODE:  110.00
	APPLICANT	COUNSEL:  NONE

	SSN		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The reenlistment eligibility (RE) code he received be changed to allow him to reenter military service.

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APPLICANT CONTENDS THAT:

He wishes to reenter the Air Force.  His diabetes would not hinder his work performance.  He further states that this is a clear-cut case of discrimination against him based on his disease.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 7 June 2000, as an airman first class (A1C) for a period of six (6) years.

In August 2000, the applicant was notified of his commander’s intent to recommend him for an Entry Level Separation based on fraudulent entry.

The commander stated the specific reason for the proposed discharge was that the applicant intentionally concealed a prior service medical condition, which if revealed, could have resulted in rejection of his enlistment.  The applicant was discovered to have diabetes mellitus.

A 4 August 2000 entry in his medical records reveals that the applicant was hospitalized for cellulitis.  The entry indicates during his hospital stay, routine tests showed an increase in glucose.  The entry also indicated the applicant knew about his condition and stopped taking insulin prior to his entry into the Air Force.  The applicant was released from the hospital using insulin.

The commander advised the applicant of his right to consult legal counsel, and if he so desired an appointment would be made upon request.  He was advised that failure to consult with counsel or submit statements could constitute his waiver of his rights to do so.

On 11 August 2000, the applicant acknowledged receipt of the letter of notification and invoked his right to submit statements on his behalf.

A legal review was conducted in which the staff judge advocate recommended the applicant be separated with an entry level separation.

On 28 August 2000, the discharge authority approved the discharge.

The applicant was separated with an uncharacterized entry level separation on 30 August 2000 for fraudulent entry into the Air Force, in the grade of A1C and issued an RE code of “2C”, Involuntarily separated with an honorable discharge; or entry level separation without characterization of service. 

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AIR FORCE EVALUATION:

The Chief, Medical Consultant, AFBCMR, states the applicant was discharged because he concealed his history of insulin dependent diabetes.  Any type of diabetes is disqualifying for entry into military service.  Insulin diabetes in particular is incompatible with the rigors of military service.  The disposition of the applicant’s case was proper and equitable and in compliance with Air Force policy.  The Medical Consultant recommends no change in the applicant’s records.

A complete copy of the Air Force evaluation is attached at Exhibit C.

HQ AFPC/DPPRS states the Department of Defense (DOD) determined that, if a member served less than 180 days of continuous active service, he would receive an entry-level separation/uncharacterized service characterization when separation was initiated.  The separation is uncharacterized because it would be unfair to the member and the service to try and characterize the limited time served.  DPPRS further states the discharge was consistent with procedural and substantive requirements of the discharge regulation.  Also, the discharge was within the sound discretion of the discharge authority.  Nor, has the applicant provided any evidence identifying any errors or injustices in the processing of his discharge.  Based on the evidence provided they recommend the requested relief be denied (Exhibit D).

AFPC/DPPAES states the reenlistment eligibility code "2C" is the applicable code for a member separated involuntarily with an honorable discharge, or entry level separation without characterization of service (Exhibit E).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 14 February 2003, for review and response.  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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After careful consideration of the circumstances of this case and the evidence provided by the applicant, we are not persuaded that the discharge action and the resulting reenlistment code he  received were in error or unjust.  Applicant’s contentions are duly noted; however, we agree with the opinions and recommendations of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In this respect, we note the applicant admitted he intentionally hid the fact that he was diabetic and stopped taking his insulin prior to entering the Air Force.  As noted by the BCMR Medical Consultant, the applicant had a chronic medical condition which was disqualifying for entry into the Air Force.  Therefore, in view of the above and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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 issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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.

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The following members of the Board considered AFBCMR Docket Number 02-02932 in Executive Session on 25 March 2003 under the provisions of AFI 36-2603:

			Panel Chair
			
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 9 Sep 02.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, BCMR Medical Consultant, dated 25 Nov 02.
	Exhibit D.	Letter, HQ AFPC/DPPRS, dated 18 Dec 02.
	Exhibit E.	Letter, HQ AFPC/DPPAE, dated 3 Feb 03.
	Exhibit F.	Letter, SAF/MRBR, dated 14 Feb 03.