RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2007-01661
		INDEX CODE: 112.10
 	XXXXXXX				COUNSEL:  NONE
			  		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment (RE) code of “4C” which denotes "Separated for concealment of juvenile records, failure to meet physical standards for enlistment, failure to attain a 9.0 reading level as measured by the Air Force Reading Abilities Test (AFRAT), or void enlistments" be changed to any "3" RE code that allows him to enlist in the US Navy.

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APPLICANT CONTENDS THAT:

AFI 148-123, Volume 2, Medical Examination and Standards paragraph A3.24.3.8 states Osgood-Schlatter's disease is disqualifying if symptomatic.  He participated in organized athletics before and after enlisting in the Air Force and has not had symptoms, pain or discomfort.  He did not realize this condition was disqualifying at the time of enlistment.  His knees were looked at several times before basic training and no reasons to deny entry into the military were found.  He is currently trying to join the Navy and believes he is fully qualified to perform any job.  He does not believe the "4C" RE code correctly justifies his reason for discharge.  

In support of his request, the applicant submits a copy of his application for employment examination and copies of his DD Form 214, Certificate of Release or Discharge from Active Duty.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 24 February 2004 in the grade of airman basic.  

On 16 March 2004, he was notified by his commander that he was recommending his discharge for Erroneous Enlistment.  The specific reason for this action was that during basic training, he was diagnosed with Osgood Schlatters disease.

On 10 March 2004, it was determined he did not meet the minimum medical standards and should not have been allowed to join the Air Force because of his medical condition.  

On 23 March 2004, he was discharged in the grade of airman basic with uncharacterized service.

His narrative reason for separation was "Failed Medical/Physical Procurement.

He served one month on active duty.

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AIR FORCE EVALUATION:

HQ AETC/SGPS states the applicant had a history of Osgood Schlatter's disease that appears to have become symptomatic during basic training.  On 9 March 2004, he was evaluated at Wilford Hall Medical Center and the diagnosis was confirmed by x-ray.  The evaluation also notes the condition was interfering with his training.  On the same day he was asked if he wanted to pursue a waiver to remain in the military; however, he requested he be released from military service.  SGPS states, although they cannot support the applicant's request to have his RE code changed to allow re-entry based on the information they received, they can support the Board changing his RE code if he is able to produce current medical documentation reflecting his prior condition has been fully resolved.  

The complete SGPS evaluation is at Exhibit C.

HQ AFPC/DPPAE recommends denial.  DPPAE states they did not find evidence of error or injustice; nor did the applicant submit evidence of any.  The RE code for this discharge is "4C".  The Board may wish to consider changing the applicant's RE code at such time when the applicant submits medical documentation to support his claims and documentation from the enlisting service that confirms acceptance.  Once the applicant has submitted these documents, the Board should direct the applicant's RE code 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." The applicant has a favorable recommendation from the medical provider for reenlistment after his condition is resolved as stated on the SF Form 600, Chronological Record of Medical Care.

The complete DPPAE evaluation, with attachments, is at Exhibit D

HQ AFPC/JA recommends approval.  JA states to obtain relief from the AFBCMR, the applicant must show by preponderance of the evidence that there exists some error or injustice warranting corrective action.  An airman may be discharged from an erroneous enlistment if the airman would not have been accepted for service if, through no fault of the airman, facts exist unknown to the Air Force at the time of enlistment that, if known, might have resulted in rejection to enlistment.  In this case, the applicant had never been medically treated for Osgood Schlatters disease prior to his enlistment.  The medical condition manifested during basic training.  At the time of discharge, the RE code placed on the applicant's record was appropriate.  However, in light of the medical evidence presented, the applicant has demonstrated that he may no longer suffer from Osgood Schlatters disease.  Therefore in the interest of fairness, his current medical condition, not the RE code, should control whether he should be eligible for reenlistment in the service.  JA opines for the reasons discussed above, corrective action could be taken with regard to his RE code.

The complete JA evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 2 November 2007 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit F).

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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 warranting corrective action.   Even though the applicant has provided no evidence to show that his separation was improper or not in compliance with the appropriate regulations, it is the Board's opinion that relief is warranted in this case.  In this respect, after careful review of the applicant's available military personnel records and the fact his current medical evaluation suggests that he no longer suffers from the effects of Osgood Schlatters disease, the Board believes that a good probability exists that he may be able to provide effective and meaningful service to our nation as a member of the armed forces.  Accordingly, the Board believes that correction of his RE code to a waiverable code is warranted based on the merits of this case.  Whether or not he is successful in his attempts to return to the military 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, the Board recommends that his records be corrected to the extent indicated below.  

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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 on 23 March 2004, he was discharged under the provisions of AFI 36-3208, paragraph 1-2, (Secretarial Authority) with a reenlistment eligibility (RE) code of 3K.

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The following members of the Board considered Docket Number BC-2007-01661 in Executive Session on 3 January 2008, 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 29 May 2007, w/atchs. 
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, HQ AETC/SGPS, dated 23 August 2007.
	Exhibit D.  Letter, HQ AFPC/DPSOA, dated 27 September 2007.
	Exhibit E.  Letter, HQ AFPC/JA, dated 26 October 2007.
	Exhibit F.  Letter, SAF/MRBR, dated 2 November 2007.