RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01492
INDEX CODE:  112.10
	XXXXXXXXXXXXXXXXXX			COUNSEL: NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 November 2008

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APPLICANT REQUESTS THAT: 

His reenlistment eligibility (RE) code be changed to permit his reentry into the military.
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APPLICANT CONTENDS THAT:

He was given an RE code of “4C” (failed to meet physical standards for enlistment) when he was separated from the Air Force; however, his ankle injury was not serious enough to prevent him from being a productive member of the military, nor did it prevent him from performing his job.  He has been separated from the Air Force for 15 years and hasn’t been bothered by his ankle.  He would like to join another branch of service.  

In support of his appeal, the applicant provides copies of medical documents concerning his ankle.  

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

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STATEMENT OF FACTS:

On 3 September 1992, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1).  

On 7 October 1992, the applicant was seen at the dispensary complaining of left ankle pain.  Patient history along with X-rays taken found evidence of past severe ankle strains in 1991 with persistent symptoms since then.  The orthopedic clinic diagnosed the applicant with recurrent instability of the left ankle and placed him on medical hold pending further medical evaluation.  A Medical Evaluation Board (MEB) Report, dated 8 October 1992, diagnosed the applicant with chronic instability of the left ankle and that his condition was not incurred while entitled to basic pay; existed prior to service; and was not aggravated permanently by service.  The MEB’s recommendation was the applicant be discharged from the service by reason of physical disability.  

On 16 October 1992, his commander notified the applicant that he was being recommended for discharge for erroneous enlistment, because he did not meet minimum medical standards to join the Air Force.  The applicant acknowledged receipt of the notification and waived his right to consult counsel and to submit statements in his own behalf.  The discharge authority approved the applicant’s discharge on 16 October 1992.  

On 20 October 1992, the applicant was discharged with an uncharacterized entry level separation with an RE code of “4C.”  He served 1 month, and 18 days on active duty.

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AIR FORCE EVALUATION:

AETC/SGPS supports changing the applicant’s RE code to allow future military duty if he is interested in reapplying.  SGPS states that although the applicant did have a medical condition that kept him from participating and completing basic training, his symptoms were more related to a recent injury versus a past problem.  Per his statements and supporting orthopedic evaluation, dated 21 October 2005, he appears to be fully recovered, and does not have any chronic problems with his ankle.  Even though, his condition appears to be resolved, and he currently has no physical activity limitations, the decision to medically separate him in 1992 was correct.  

The SGPS 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 27 July 2007 for review and response within 30 days (Exhibit D).  As of this date, this office has received no response.

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THE BOARD DETERMINES 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.  Sufficient relevant evidence has been presented to demonstrate the existence of probable injustice.  After a thorough review of the applicant’s submission and the evidence of record we are persuaded that relief is warranted.  We find no evidence to show that the applicant’s discharge was erroneous or unjust; however, we note the applicant has provided a medical evaluation letter from his civilian physician attesting to the fact that his physical condition is no longer deficient to withstand the rigors of military service.  Since the applicant will have to pass a physical prior to his reentry into the military, we feel the applicant should be afforded the opportunity of having a waiverable RE code if the service is interested in his skills.  Therefore, we recommend that the applicant’s records be corrected as indicated below.  

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RECOMMENDATION OF THE BOARD:

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 20 October 1992, his reenlistment eligibility (RE) code was 3K.  

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The following members of the Board considered this application in Executive Session on 4 October 2007, under the provisions of AFI 36‑2603:

By a majority vote, the Board recommended to grant the application.  -------- voted to deny the applicant’s request but did not wish to submit a minority report.  The following documentary evidence for AFBCMR Docket Number BC-2007-01492 was considered:

     Exhibit A.  DD Form 149, dated 7 May 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AETC/SGPS, dated 9 Jul 07.
     Exhibit D.  Letter, SAF/MRBR, dated 27 Jul 07.