RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02050 INDEX CODE:	112.10
XXXXXXXXXXXXXXX	COUNSEL: NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His records be changed to reflect a different reentry eligibility (RE) code to enable him to join the Air National Guard.

APPLICANT CONTENDS THAT:
He disclosed his history of gastro esophageal reflux disease (GERD) to his recruiter; however, the recruiter told him that as long as he wasn’t on medication, he could join the Air Force. The recruiter also told him that his history of GERD was a “Don’t Ask
- Don’t Tell” situation. He is still highly interested in becoming a member of the Air Force and would like the Board’s assistance in making his dreams come true of being an airman. He has not had symptoms of GERD for one year and he is not on any medication.

In support of his application, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, and a statement from his family doctor.

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

STATEMENT OF FACTS:
On 13 November 2007, the applicant enlisted in the Regular Air Force at the age of 20 in the grade of airman basic (E-1).  On
3 December 2007, he was evaluated by a staff physician who diagnosed the applicant with the condition of GERD that existed prior to his entry into the military. On 10 December 2007, his commander notified the applicant of his intent to recommend him for an entry-level separation under the provisions of AFPD 36-32 and AFI 36-3203, Chapter 5, Section 5C, Defective Enlistment, paragraph 5.14, under Basis for Discharge for Erroneous Enlistment. The applicant acknowledged receipt of the notification and waived his rights to consult counsel and to submit statements in his own behalf.  On 11 December 2007, the

Attorney-Advisor found the case to be legally sufficient.  On
12 December 2007, the discharge authority approved the applicant’s discharge  as an entry-level separation, with a separation code of “JFC”, narrative reason for separation as “Erroneous Entry (Other),” a reentry code of “2C” (entry-level separation), and a service characterization of “Uncharacterized.”

The applicant was discharged effective 14 December 2007. He served one month and two days on active duty.

AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial of the applicant’s request. DPSOS states that based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.

DPSOS acknowledges the applicant’s submission of a letter signed by a civilian physician, dated 28 May 2008, in support of his petition, indicating the applicant has not had any symptoms of GERD for one year and that he is not on any medication. However, this statement is of no value since the information was provided to the physician by the applicant and does not appear to be a clinical diagnosis or opinion of the physician. Furthermore, since the applicant was diagnosed for GERD in December 2007, it has not been one year since he has experienced symptoms.

DPSOS states that airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service. Therefore, the applicant’s uncharacterized character of service is correct and in accordance with DoD and Air Force instructions.

The DPSOS evaluation is at Exhibit C.
AFPC/DPSOA recommends denying the applicant’s request to change his RE code. DPSOA states the applicant was involuntarily discharged for erroneous enlistment for failure to disclose a condition that could have prevented enlistment.

The DSPSOA evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 26 September 2008, 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 timely filed.
3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their 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.

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.

The following members of the Board considered this application in Executive Session on 13 November 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-02050:

Exhibit A.	DD Form 149, dated 22 May 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPSOS, dated 13 Aug 08.
Exhibit D.	Letter, AFPC/DPSOA, dated 18 Aug 08. Exhibit E.	Letter, SAF/MRBR, dated 26 Sep 08.