RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01009
		INDEX NUMBER:  110.00
	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed from “2C,” “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service,” to one that will allow his reentry into the US military, such as a code in the one or three series.

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APPLICANT CONTENDS THAT:

He was discharged for the preexisting condition of scoliosis, abnormal curvature of the spine.  The x-rays made of his spine during his entry examination have discrepancies.  He later had  x-rays made that show his spine to be within Air Force guidelines.  He has also visited a civilian orthopedic surgeon who determined his back pain was unrelated to his scoliosis.  The Air Force knew about his scoliosis before he was allowed to enlist so he should not have been discharged for erroneous enlistment.

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 9 Sep 03.  On 1 Dec 03, his Military Training Flight (MTF) commander notified him he was recommending his discharge from the Air Force for erroneous enlistment.  The reason for the action was the applicant’s Chronological Record of Medical Care, dated 17 Nov 03, which indicated a diagnosis of back pain and Scoliosis.  It was determined the condition existed prior to service and was not permanently aggravated by the applicant’s service.  Had the applicant’s condition been known prior to his enlistment, he might not have been allowed entry into the military.  The applicant acknowledged receipt on 1 Dec 03 and waived his right to counsel and waived his right to submit statements.  The MTF commander recommended to the Training Group commander the applicant be discharged for the reasons stated above.  The discharge case file was reviewed and found to be legally sufficient to support the applicant’s separation.  The Training Group commander approved the applicant’s discharge with an entry-level separation.  The applicant was discharged on 5 Dec 03 with an uncharacterized Entry Level Separation and given an RE code of “2C.”

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request.  The applicant was administratively discharged for erroneous enlistment due to persistent back pain associated with his pre-existing scoliosis, which prevented training.  The applicant contends his back pain was not related to his scoliosis, that x-rays performed at Lackland AFB erroneously measured a scoliosis angle that exceeded military entrance standards and in contradiction to provisions for erroneous enlistment, the Air Force knew about his scoliosis at the time of his enlistment.  The applicant states he is now asymptomatic after physical therapy for muscle imbalance.

The applicant had a history of back pain existing prior to service he did not reveal at the time of his enlistment medical examination.  Scoliosis of degrees less than the established Air Force standards are disqualifying when associated with pain.  The applicant accurately notes the Air Force knew about his scoliosis at the time of his enlistment examination; however, the Air Force did not know about the history of back pain he later revealed.  It is only speculative as to whether or not the Air Force would have granted him a waiver to enter had it known of his back pain.  If a waiver had been granted, subsequent administrative discharge for a pre-existing back pain condition, which prevented fulfillment of the purpose of his enlistment in the Air Force, would have, again, been the end result.

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 24 Sep 04 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 timely filed.

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 BCMR Medical Consultant and adopt his rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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-2004-01009 in Executive Session on 17 November 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 17 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Sep 04.