RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00196 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment (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, or void enlistments) be changed to a code that would allow him to reenter military service. _________________________________________________________________ APPLICANT CONTENDS THAT: He does have the medical condition that he was discharged for; however, it does not hinder his ability to perform. In support of his appeal, applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, a statement from his physician, and a copy of Lackland AFB Form 205, Basic Military Training Student Performance Summary. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 28 Apr 09, the applicant contracted his enlistment in the Regular Air Force. On 27 Jul 09, the applicant’s commander notified him that he was recommending his discharge from the Air Force for Erroneous Enlistment. The specific reason for the discharge action was the medical narrative summary, dated 14 Jul 09, which reflected the applicant did not meet the minimum medical standards to enlist. The applicant should not have been allowed to enlist due his having Osgood Shclatter disease. The applicant acknowledged receipt of the notification and waived his right to consult with legal counsel or to submit a statement in his own behalf. The legal office reviewed the case and found it legally sufficient to support separation and recommended the applicant be furnished an entry-level separation. The discharge authority directed the applicant be furnished an entry-level separation with uncharacterized service. He was discharged on 5 Aug 09. He was credited with three months and eight days of active service. _________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS reviewed this application and recommends changing the applicant’s RE code. Even though the applicant’s separation was carried out in accordance with established policy and administrative procedures, the applicant may meet current enlistment standards if his condition has resolved itself and has remained asymptomatic for at least one year., The complete AETC/SGPS evaluation is at Exhibit C. AFPC/DPSOS recommends denial. Based on the documentation on file in the master personnel records, the discharge, to include the character of service, and assigned separation and RE codes, was appropriately administered and was within the discretion of the discharge authority. Furthermore, the applicant has not provided any evidence showing an error or injustice in the processing of his discharge. The complete AFPC/DPSOS evaluation is at Exhibit D. AFPC/DPSOA notes the applicant received an erroneous RE code of 4C. The correct RE code is 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service). Although SGPS recommended changing the RE code, the RE code is not driven by a medical condition, it is required based on the involuntary entry-level separation with uncharacterized service. The medical community does not have the authority or any valid input as to the correctness of the current RE code. The medical community is qualified to recommend the applicant be given an opportunity to be medically screened for military service based on his current medical status (if otherwise eligible) and DPSOA would not have an objection to providing such an opportunity based on their recommendation. However, a waiver of prior circumstances would be more appropriate than circumventing the screening and waiver process. The applicant’s DD Form 214 will be administratively corrected to reflect the correct RE code 2C unless otherwise directed by the Board. The complete AFPC/DPSOA evaluation is at Exhibit E. _________________________________________________________________ APPLICANT REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 22 Jul 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). _________________________________________________________________ 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 to warrant changing the applicant’s RE code to one that would allow him to re-enlist. While we note the AETC/SGPS recommendation to grant the requested relief because the applicant may meet current medical accession standards, we agree with the opinions and the recommendations of AFPC/DPSOS and AFPC/DPSOA and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. In this respect we note the comments from AFPC/DPSOA indicating that it would be more appropriate for the applicant to pursue an enlistment waiver for an opportunity to be medically screened for accession (provided he was otherwise qualified), rather than circumventing this process by changing the record as requested. We also note the RE code the applicant received at separation was technically incorrect and his records will be administratively corrected to reflect the RE code 2C, which accurately reflects he received an entry-level separation with uncharacterized service. Therefore, in view of the above, we find no basis to recommend any corrections to his record beyond that which will be administratively resolved. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00196 in Executive Session on 27 Sep 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-00196 was considered: Exhibit A. DD Form 149, dated 18 Jan 11, w/atchs. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. Letter, HQ AETC/SGPS, dated 4 Apr 11, w/atchs. Exhibit D. Letter, HQ AFPC/DPSOS, dated 14 Jun 11. Exhibit E. Letter, HQ AFPC/DPSOA, dated 13 Jul 11. Exhibit F. Letter, SAF/MRBR, dated 22 Jul 11. Panel Chair