RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01984
		INDEX CODE:  100.06

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 4C be changed to “1.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

Although he was diagnosed with migraine headaches by a staff physician assistant, his problem was sinus headaches.  The medication he was given for migraine headaches did not help the sinus headaches.  His medical records did not support that he had migraines prior to entry on active duty, but rather that he suffered from allergies/hay fever.  Had he been given medication for hay fever/headaches as he requested, he would be in the Air Force today.

In support of his appeal, the applicant provided a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, a personal statement, and extracts from his military personnel and medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 16 Jul 02 for a period of six years in the grade of airman.

On 16 Aug 02, the applicant’s commander notified him that he was recommending that he be discharged for an erroneous enlistment.  The reason for this action was the receipt of a medical narrative summary that found the applicant did not meet minimum medical standards to enlist.  The commander indicated that the applicant should not have been allowed to join the Air Force because of existed prior to service (EPTS) migraines.  The applicant was advised of his rights in the matter and that an entry level separation would be recommended.

On 19 Aug 02, the office of the Staff Judge Advocate found the discharge case file to be legally sufficient and recommended that the applicant be given an entry level separation.

On 21 Aug 02, the discharge authority approved the applicant’s separation and directed that he be given an entry level separation with uncharacterized service.

On 23 Aug 02, the applicant was separated under the provisions of AFI 36-3208 (Failed Medical/Physical Procurement Standards) and given an entry level separation with uncharacterized service.  He was assigned an 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).  He was credited with one month and eight days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The Medical Consultant noted that the applicant was administratively discharged due to headaches that impaired his ability to perform his training duties, with a history of headaches that existed prior to service.  He required multiple clinic visits over a one week period for headaches and reported a history of headaches prior to entering the service that occurred three to four times per week, and were severe in character with features typical for migraine headaches including pounding, photophobia, phonophobia, nausea, and vomiting.  The service medical records indicated that the applicant’s headaches during training also had features of migraine headaches including distribution, throbbing, photophobia, and nausea.

The Medical Consultant also noted the applicant’s contention that he does not suffer from migraine headaches, as well as the documentation he provided supporting his assertion that he suffered from sinus headaches.  The Medical Consultant indicated that regardless of causation, the applicant’s demonstrated history of recurrent severe headaches is potentially disqualifying for enlistment.  However, in view of the applicant’s high motivation for service, his pre-service accomplishments, combined with the fact that his headaches were troublesome over such a brief period of time, albeit a critical one, and that documentation otherwise does not show a pattern of recurrent severe headaches interfering with work or school, he believes that the benefit of the doubt should go the applicant.  Therefore, the Medical Consultant is of the opinion that a change in the records to enable the applicant to apply for enlistment is warranted.

A complete copy of the Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPRSP deferred to the Board for a determination whether the applicant should be granted relief based on the documentation provided.

A complete copy of the AFPC/DPPRSP evaluation is at Exhibit D.

AFPC/DPPAE indicated the applicant’s RE code of 4C is incorrect and recommended that his RE code be changed to 3K.

A complete copy of the AFPC/DPPAE evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 21 Nov 03 for review and response.  As of this date, no response has been received by this office (Exhibit F).

_________________________________________________________________

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 error or injustice warranting corrective action.  In this respect, we note that AFPC/DPPAE has indicated the RE code of 4C was incorrect.  The Medical Consultant is also of the opinion that, based on the brief period of time of the applicant’s headaches, his motivation to serve, and his current condition, a change in his records to enable him to apply for enlistment is warranted.  Since the Medical Consultant has indicated that the applicant’s history of recurrent severe headaches is potentially disqualifying for enlistment, we are not inclined to change his RE code to one that would allow immediate reenlistment.  Accordingly, we agree with AFPC/DPPAE’s recommendation that the RE code of 4C be changed to 3K (Reserved for use by HQ AFPC or the Air Force Board for Correction of Military Records (AFBCMR) when no other reenlistment eligibility code applies or is appropriate).  This will provide the applicant with an RE code that, based on the needs of the respective military service, can be waived by the appropriate authorities if he is found medically qualified for enlistment.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that his Reenlistment Eligibility (RE) Code issued in conjunction with his entry level separation on 23 Aug 02 was “3K.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2003-01984 in Executive Session on 13 Jan 04, 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 27 Jun 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, Medical Consultant, dated 15 Sep 03.
     Exhibit D.  Letter, AFPC/DPPRSP, dated 30 Oct 03.
     Exhibit E.  Letter, AFPC/DPPAE, dated 4 Nov 03.
     Exhibit F.  Letter, SAF/MRBR, dated 21 Nov 03.

                                   

AFBCMR BC-2003-01984

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 his Reenlistment Eligibility (RE) Code issued in conjunction with his entry level separation on 23 Aug 02 was “3K.”