RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01139
		INDEX CODE:  100.03, 100.06
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed.

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APPLICANT CONTENDS THAT:

His medical condition has changed and he feels his RE code of 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), is now incorrect.  

In support of his request, applicant provided a medical report from his doctor and a copy of a letter from his recruiter.  

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 26 March 2002 for a term of 4 years.  On 8 April 2002, the applicant's commander notified him that he was recommending he be discharged for failed physical standards (erroneous enlistment).  The reason for the action was that he received a medical narrative summary, dated 1 April 2002, which found that he did not meet minimum medical standards to enlist because of a history of recurrent shoulder dislocation and pain.  Carrying a backpack in basic training exacerbated his pain.  His commander did not ask the Air Force to give him a disability separation because the medical staff found him unqualified.  Applicant waived his right to consult legal counsel and did not submit statements for consideration.  The discharge authority approved the separation on 8 April 2002 and ordered an entry-level separation (uncharacterized).

On 10 April 2002, the applicant was administratively discharged under the provisions of AFI 36-3208, Administrative Separation of Airmen (failed medical/physical procurement standards), with an uncharacterized entry-level separation and an RE code of 4C.  He served 15 days of total active service.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed applicant’s request and recommends denial.  The applicant had a history of recurrent posterior shoulder dislocations in high school due to a congenital hypoplastic posterior labrum.  Surgery in February 2001 successfully stabilized the joint and there is no report of recurrent dislocations since the surgery.  The applicant entered active duty on 26 March 2002, but in less than one week he was experiencing pain and weakness of the left shoulder that interfered with military training.  The shoulder examination at the time was unremarkable except for pain, and there had not been any recurrent dislocation reported by the applicant or demonstrated by exam and x-rays.  The evaluating orthopedic surgeon indicated that the applicant did not want to continue in training.

Although the applicant’s surgery successfully stabilized the shoulder, he experienced duty-limiting pain in less than one week of training.  There is no evidence provided that shows the applicant will not experience the same problem again (duty limiting pain) when exposed to the rigors of military training and service.

The Medical Consultant evaluation is at Exhibit C.

AFPC/DPPAE recommends denial.  After reviewing the case, the AFBCMR Medical Consultant determined that the entry-level separation was appropriate, as the history of pain would have precluded initial enlistment.  The DPPAE evaluation is at Exhibit D.

AFPC/DPPRS recommends denial.  Airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  Therefore, his uncharacterized character of service is correct and in accordance with Department of Defense and Air Force instructions.  An entry-level/uncharacterized separation should not be viewed as negative and should not be confused with other types of separation.  The DPPRS evaluation is at attachment E.   

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 21 Nov 03, 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 an injustice.  After reviewing the evidence of record, it appears that his separation was proper and in compliance with the appropriate regulations in effect at the time.  However, supporting documentation provided by the applicant’s doctor supports his claim that his shoulder has healed and his medical condition has changed.  While there was no evidence provided that the applicant will not experience the same problem when exposed to the rigors of military training, we believe that he should be provided the opportunity to reapply for entry in the Armed Forces.  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 service.  Therefore, we recommend that his RE code of 4C 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 at the time of his discharge on 10 April 2002, he was issued an Reenlistment Eligibility (RE) code of "3K".
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The following members of the Board considered Docket Number BC-2003-01139 in Executive Session on 6 January 2004, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 24 Mar 03 w/atch.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, BCMR Medical Consultant, dated 15 Aug 03.
	Exhibit D.	Letter, AFPC/DPPAE, dated 5 Nov 03.
	Exhibit E.	Letter, AFPC/DPPRS, dated 3 Sep 03.
	Exhibit F.	Letter, SAF/MRBR, dated 21 Nov 03.

	Panel Chair

AFBCMR BC-2003-01139	

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 , be corrected to show that at the time of his discharge on 10 April 2002, he was issued an Reenlistment Eligibility (RE) code of "3K".

                                                                              Director
                                                                              Air Force Review Boards Agency