RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01687 INDEX CODE:	112.00
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His reentry (RE) code of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to a code that would allow him to reenlist in the service and his narrative reason and separation code (personality disorder) be changed.

APPLICANT CONTENDS THAT:
He did not fraudulently enlist in the service. He was separated due to a foot injury. If his DD Form 214 is not corrected, this will prevent him from getting a job.

In support of his request, the applicant provided a personal statement, a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and a copy of a Chronological Record of Medical Care.

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

STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 28 November 2000 in the grade of airman basic.

On 2 February 2001, the applicant was notified by his commander of his intent to recommend he be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208, paragraph
5.14. The specific reason for this action was a diagnosis by a staff physician of the applicant having subjective allodynia. His symptoms did not begin until basic military training. He was seen by podiatry and neurology and they recommended separation with an entry level separation.

He was advised of his rights in this matter and acknowledged receipt of the notification on that same date.

The applicant waived his right to consult counsel and elected not to submit statements on his own behalf.

In a legal review of the case file, the assistant staff judge advocate found the case legally sufficient and recommended separation.

On 12 February 2001, the discharge authority concurred with the recommendations and directed an entry level separation.

The applicant was discharged on 22 February 2001.  He served
2 months and 25 days on active duty.

AIR FORCE EVALUATION:
AFPC/DPSOS states since the applicant was not afforded a review under the DES, they recommend changing the applicant's separation code to KFF, the narrative reason for separation to reflect Secretarial Authority, and change his RE code to 3K.

DPSOS states the chronological record of medical care, dated
21 December 2000, does not indicate yes or no in regards to whether the condition existed prior to enlistment, only that the applicant had a similar episode with his left leg four years ago. The form further states the applicant did not see a civilian provider or have treatment or symptoms of the condition prior to entry on active duty. The form states the condition was not aggravated by training beyond the normal progression. However, barring evidence in the applicant's enlistment documents the condition existed prior to his entrance on active duty, only the disability evaluation system (DES) has the authority to determine if the condition existed prior to service (EPTS) and whether the condition was further aggravated by active duty.

The DPSOS complete evaluation is at Exhibit C.
AFPC/DPSOA concurs with DPSOS' evaluation to change the applicant's RE code to 3K.

The DPSOA complete evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 2 June 2009, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit E). As of this date, this office has received no response.

THE BOARD CONCLUDES 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 an error or injustice warranting corrective action. We note the discharge action taken against the applicant was in accordance with the applicable instruction. However, after reviewing the applicant's request and the evidence of record, we find the narrative reason for his entry-level separation, "Personality Disorder," to be inappropriate. We believe that since the applicant was never diagnosed with a personality disorder, it is inaccurate to list his narrative reason for separation as such. Therefore we agree with the opinion and recommendation of the Air Force office of primary responsibility and recommend his narrative reason for separation and the corresponding SPD and RE code be changed to reflect "Secretarial Authority," "JFF" and "3K" respectively.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 22 February 2001, he was discharged under the provisions of AFI 36-3208, paragraph 1-2, (Secretarial Authority) with a Separation Program Designator (SPD) Code of JFF and a reentry (RE) code of 3K.

The following members of the Board considered AFBCMR Docket Number BC-2008-01687 in Executive Session on 21 July 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-01687 was considered:

Exhibit A.	DD Form 149, dated 29 April 2008, w/atchs. Exhibit B.	Applicant's Master Personnel Record.
Exhibit C.	Letter, AFPC/DPSOS, dated 26 January 2008. Exhibit D.	Letter, AFPC/DPSOA, dated 9 March 2009.
Exhibit E.	Letter, SAF/MRBR, dated 2 June 2009.