RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01820 INDEX CODE:	112.10
XXXXXXXXXXXXXXXXXXX	COUNSEL: NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His records be changed to reflect a different reentry (RE) code and separation code to enable him to reenter military service.

APPLICANT CONTENDS THAT:
His RE code was erroneously assigned and should have reflected a code that would allow him to reenter the Air Force with medical approval of his healed injury.

In support of his appeal, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, a statement from his civilian physician, a personal statement, Request and Authorization for Separation, Record of Administrative Training Action, memorandum to his commander, release of medical records, and medical documents.

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

STATEMENT OF FACTS:
On 30 January 2007, the applicant enlisted in the Regular Air Force at the age of 22. In May 2007, he injured his left knee during Command Control Orientation Course (CCOC) training which resulted in the applicant being set back in training twice. An Air Education and Training Command (AETC) Form 125A, dated 8 May 2007, indicates the applicant would not be able to meet CCOC standards once healthy; therefore, his commander recommended he be reclassified and allowed to return to duty at a later date when more physically prepared for the course with possible reclassification into an Air Force Specialty Code of his choosing. The applicant agreed with the commander’s decision.

On 24 July 2007, his commander notified the applicant of his intent to recommend him for an entry level separation under Air Force Instruction 36-3208, paragraph 5.14, for erroneous enlistment. The commander indicated the reason for his action was the applicant’s diagnosis of lateral collateral ligament knee strain which existed prior to service and had not been permanently aggravated by service.   The applicant waived his

rights to consult counsel and to submit a statement in his own behalf. On 2 August 2007, following the Assistant Staff Judge Advocates’ finding that the case was legally sufficient, the discharge authority approved the applicant’s entry level separation without probation and rehabilitation.

AIR FORCE EVALUATION:
AETC/SGPS supports the applicant’s request to change his RE code to allow reentry for future military service. SGPS states that based on the files sent with the applicant’s request, all medical treatment provided and administrative actions taken were proper, in accordance with policy, and in the best interest of the applicant and the Air Force. The applicant has presented medical documentation stating he has had a full recovery and wishes to reenter the Air Force. Based on the submitted information, it appears the previous knee injury that led to his separation is fully recovered.

The complete SGPS evaluation is at Exhibit C.
AFPC/DPSOA recommends 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 when no other reenlistment eligibility code applies or is appropriate). DPSOA states although the RE code was correct at the time of separation, they reviewed the documentation supplied by the applicant and concur with the AETC/SGPS recommendation for change of the RE code.

The complete DPSOA evaluation is at Exhibit D.
AFPC/DPSOS recommends approval of the applicant’s request. DPSOS states that barring evidence in the applicant’s enlistment documents that 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 fully aggravated by active duty. Based on the decision of the Medical Evaluation Board and Physical Evaluation Board if applicable, the applicant may have been medically separated, returned to duty without administrative discharge, or returned for further processing under AFI 36-3208, paragraph 5.14 (Erroneous Separation). Since the applicant was not afforded a review under the DES, recommend the applicant’s Separation Program Designator (SPD) code be changed to “KFF,” the narrative reason for separation changed to “Secretarial Authority,” and his RE code be corrected to reflect “3K.”

The complete DPSOS evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 21 November 2008; with no response required since the Air Force offices of primary responsibility were recommending approval. However, the AFBCMR received a letter from the applicant, dated 5 February 2009, stating that in his research, he has discovered that RE code “3K,” as recommended by two of the Air Force offices of primary responsibility, is not accepted by the Air National Guard (ANG) to enlist. He would prefer his records be corrected to a more acceptable RE code.

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 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. We note the applicant’s concerns concerning RE code “3K;” however, ANG Instruction 36-2002, Table 1.9, Note 2, indicates that RE Code “3K” is waiverable by the ANG in a non-misconduct type situation. Therefore, we recommend that the applicant’s records be corrected as indicated below.

THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was discharged on 6 August 2007 with a narrative reason for separation of “Secretarial Authority” versus “Erroneous Entry,” a separation code of “KFF” versus “JFC,” and an RE code of “3K” versus “2C.”

The following members of the Board considered this application in Executive Session on 25 February 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2008- 01820 was considered:

Exhibit A. DD Form 149, dated 5 May 08, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 14 Jul 08.
Exhibit D. Letter, AFPC/DPSOA, dated 21 Jul 08. Exhibit E. Letter, AFPC/DPSOS, dated 16 Oct 08. Exhibit F.  Letter, SAF/MRBR, dated 21 Nov 08.
Exhibit G. Applicant’s Letter, dated 5 Feb 09, w/atchs.

Air Force Review Boards Agency