RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01131
		INDEX NUMBER:  110.00
	XXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of “4C,” (separated for concealment of juvenile records, minority, failure to meet physical standards for enlistment, be changed to one in the “1” or “3” series so that he can reenlist in the Air Force.

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APPLICANT CONTENDS THAT:

He does not feel that he had a long-term problem with his back and that any pain he had during basic training has now healed.  He has not had any problems since he left basic training.  He has been lifting weights and seeing a Chiropractor and has not had any further back problems.

In support of his appeal, the applicant has provided a letter from his Chiropractor.

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

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 26 Apr 95.  He was evaluated by the orthopedic clinic on 19 May 95 and found to have Bertolotti’s Syndrome, which existed prior to service (EPTS).  The applicant was referred to a medical evaluation board (MEB), which diagnosed him with Bertolotti’s Syndrome, EPTS.  It was recommended that the applicant be returned to duty for further action under other directives.  A legal review by the installation assistant staff judge advocate for a possible fraudulent entry discharge found that the applicant’s condition existed prior to service.  On 30 May 95, the applicant’s training squadron commander notified him that he was recommending his discharge from the Air Force for erroneous enlistment.  The applicant acknowledged receipt on 30 May 95 and waived his right to consult counsel and to submit statements in his behalf.  On 30 May 95, the training squadron commander recommended to the discharge authority that the applicant be discharged.  On 31 May 95, the discharge authority approved the applicant’s discharge.  On 2 Jun 95, the applicant was discharged with a “4C” RE code for failure to meet physical standards.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request.  The applicant developed low back pain that interfered with training after approximately two weeks of basic training.  He was diagnosed with a congenital spinal abnormality that is associated with low back pain, a syndrome called Bertolotti’s Syndrome.  The applicant had low back pain for one and one-half years prior to entering basic training that persisted for at least 3 years after discharge.  His chiropractor reports that rehabilitation has stabilized the applicant’s back condition.  The applicant’s congenital spine abnormality and history of associated pain is predictive of a significant risk for recurrence of back pain and the BCMR Medical Consultant does not recommend a change in the applicant’s records.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 29 Aug 03 for review and comment within 30 days.  To date, a response has not been received.

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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 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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the primary basis for our conclusion that the applicant has not been the victim of an error or injustice.  Additionally, the applicant’s present RE code is waiverable.  He has not presented any evidence that he has previously requested and been denied a waiver.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 Docket Number BC-2003-01131 in Executive Session on 8 October 2003, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 11 Jun 03.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Aug 03.

                                   
                                   Chair