RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-03468

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized discharge be changed and his Reenlistment Eligibility (RE) Code be upgraded from 4C to 1.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He never should have been discharged.

The applicant states that the Memphis Military Entrance Processing Station (MEPS) approved him; but a doctor in boot camp did not know he had already passed the combat controller entry physical.  Prior to entering the Air Force, he was a football and track star and his ribs were never a problem.  He is unable to get a job with the police department because of his uncharacterized discharge.

In support of the appeal, the applicant submits a Medical Examiner’s Certificate, dated 24 September 2001, and clinical record, dated 28 October 2002.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 14 March 1994, the applicant enlisted in the Regular Air Force for a period of four years.

A Medical Evaluation Board (MEB) convened on 6 April 1994, to determine whether the applicant should be retained due to left rib pain.  Based on the diagnosis of congenital rib deformity, symptomatic and interfering with training, Existed Prior to Service (EPTS), they recommended that he be returned to duty for action under other directives.

On 11 April 1994, the commander notified him that administrative discharge action was being initiated against him for erroneous enlistment.  Specifically, an MEB found that he did not meet minimum medical standards due to congenital rib deformity, symptomatic and interfering with training.  After consulting with military legal counsel, he waived his right to submit statements in his own behalf.

The discharge authority approved the discharge on 12 April 1994.

On 13 April 1994, the applicant received an uncharacterized entry level separation under the provisions of AFR 39-10 (Failed Medical/Physical Procurement Standards).  He was issued an RE Code 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 (AFRAT), or void enlistments).  He completed one month of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the record is warranted purely on the grounds of propriety or equity of discharge.  However, given the apparent relatively minor nature of his rib problem, a change of his RE Code would allow him to resubmit to medical evaluation at a MEPS and reattempt meeting the physical fitness standards.  The applicant has a congenital deformity of the left side of his rib cage that he aptly describes as a dent (flattening with some inward curving).  Because of the pain of this area of his ribs with the physical activity, he was unable to complete Basic Military Training (BMT).  Furthermore, the evidence of record indicates that the applicant desired separation and in addition to his rib pain, it appears that he also requested separation because of family concerns.  The action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law. 

The BCMR Medical Consultant evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation is forwarded to the applicant on 28 January 2003 for review and response within 30 days.  However, 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.  The applicant failed to meet medical/physical procurement standards based a congenital deformity of the left side of his rib cage and was separated after serving one month on active duty.  The Department of Defense has determined that if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service.  The reason for the applicant’s separation and the assigned RE code accurately reflect the circumstances of his involuntary separation for failure to meet physical standards for enlistment.  The applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Hence, we find no compelling basis to recommend granting the relief sought.

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 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 Docket Number BC-2002-03468 in Executive Session on 13 March 2003 under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 27 Jan 03.
    Exhibit D.  Letter, AFBCMR, dated 28 Jan 03.