RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01638 INDEX NUMBER: 145.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 4C (“Separated for concealment of juvenile records, minority failure to meet physical standards for enlistment, failure to attain a 9.0 reading grade level as measured by the Air Force Reading Abilities Test (AFRAT), or void enlistment”) be changed to a waiverable RE code to allow reenlistment. _________________________________________________________________ APPLICANT CONTENDS THAT: He was allowed to enlist in the Air Force with a waiver for his eye sight and after reporting to basic military training and undergoing test was notified that his waiver was unacceptable and that he would be discharged. He was informed that if he had Lasik surgery to correct his vision he would be allowed to reenlist 12 months after the surgery was completed. In support of the appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, extracts from his military personnel records, and extracts from AFI 48-123, USAF Refractive Surgery (USAF-RS) PROGRAM. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force as an airman basic on 28 Jun 04 for a term of four years. On 28 Jul 04, the applicant was notified by his commander that he was recommending his discharge from the Air Force for Erroneous Enlistment. The specific reason for this action was his receipt of a medical narrative summary that found the applicant did not meet minimum medical standards to enlist. The applicant acknowledged receipt of the notification and waived his right to consult with counsel and submit statements on his own behalf. On 28 Jul 04, a legal review of the discharge package was conducted by the staff judge advocate, who recommended the applicant be discharged with an entry-level separation. The discharge authority approved the separation and directed the applicant be given an entry-level separation. On 13 Aug 04, he was discharged, under the provisions of AFI 36- 3208, Administrative Separation of Airmen, for Failed Medical/Physical Procurement, and assigned an RE code of 4C. He served a total of 1 month, and 16 days of total active service. _________________________________________________________________ AIR FORCE EVALUATIONS: AETC/SGPS recommends denial. SGPS states the separation was done in accordance with established policy and administrative procedures and they do not support a change to his RE Code. The complete AETC/SGPS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: A copy of the Air Force evaluation was forwarded to the applicant on 30 Jul 10, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of error or injustice. Therefore, in the absence of evidence to the contrary, we find no 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 Docket Number BC- 2010-01638 in Executive Session on 4 Nov 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 7 Jun 10. Exhibit D. Letter, SAF/MRBR, dated 30 Jul 10.