RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00406 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 4C which denotes “Separated for concealment of juvenile records, minority, failure to meet physical standards for enlistment, failure to attain a 9.0 reading grade level, or void enlistments” be changed to allow him reentry into the military. _________________________________________________________________ APPLICANT CONTENDS THAT: He was separated from the military due to a medical history of latent tuberculosis (TB). He was told once he finished treatment he could return to the military. He completed his treatment and would like to reenter the military. In support of his request, the applicant provides a personal statement, a report from his medical provider, and copies of various medical documents and military records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 4 Jan 10, the applicant entered active duty in the Regular Air Force for a period of six years. On 29 Jan 10, the applicant was notified by his commander that he was recommending his discharge from the Air Force for erroneous enlistment. The reason for the proposed action was his commander received a medical narrative summary, dated 27 Jan 10 that indicates the applicant did not meet minimum medical standards to enlist. The applicant should not have been allowed to join the Air Force because he had latent untreated tuberculosis. On 29 Jan 10, the applicant acknowledged receipt of the notification of discharge, and waived his rights to consult with legal counsel, and submit statements in his own behalf. The Air Education and Training Command legal office reviewed the case and found it legally sufficient to support the separation. On 1 Feb 10, the discharge authority approved the separation, and on 2 Feb 10, the applicant received an entry-level separation, by reason of failed medical/physical standards. He served on active duty for 29 days. _________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends approval. SGPS states the applicant’s separation was done in accordance with established policy and administrative procedures, and based on a review of his case they support changing his RE code to allow him to reenter military service. SGPS states the records provided show the condition he was separated for was treated after he separated and was resolved. His private provider noted “No latent infection,” and all testing was negative. The complete SGPS evaluation is at Exhibit C. AFPC/DPSOS recommends denial. DPSOS states the applicant should not have been allowed to join the Air Force because he had latent untreated TB. Had the Air Force known of this condition at the time of the applicant’s enlistment, he would not have been allowed to enter into the military. Although the applicant states he finished treatment and can return to the Air Force, his medical condition does not meet assessment standards. 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. The complete DPSOS evaluation is at Exhibit D. AFPC/DPSOA recommends denial of the applicant’s request to change his RE code to one that would allow him to reenlist. DPSOA clarifies SGPS’s position that they support a change in his RE code by stating that SGPS only has the authority to recommend the applicant be medically screened for military service based on his current medical status, which they too would support based on SGPS’s recommendation. DPSOA notes the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty reflects an erroneous RE code, and based on his entry level separation and uncharacterized service the appropriate RE code is “2C.” DPSOA states the applicant’s RE code will be administratively corrected to reflect 2C unless otherwise directed by the Board. If the Board is inclined to change the RE code, the only other option would be 3K – “Reserved for use by HQ AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate,” which would still require a waiver from Recruiting Services. The complete DPSOA evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 29 Jul 11, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice that would warrant relief in this case. After thoroughly reviewing the evidence of record, and noting the conflicting recommendations of the Air Force offices of responsibility, we are persuaded the applicant’s RE code should be changed. Although both AFPC/DPSOA and DPSOS recommend denial of relief DPSOA does note the applicant’s RE code is in error, and should be 2C; however, based on the review and recommendation provided by AETC/SGPS we believe his RE code should be changed to 3K, which would afford him the opportunity to apply for enlistment in the armed services. We note that according to the applicant’s medical provider, the applicant’s medical condition has resolved; and we believe justice can best be served by changing his RE code to a waiverable code that would afford him the opportunity to apply for enlistment in the armed services. Our recommendation in no way guarantees that he will be allowed to return to the Air Force or any branch of the service and any such entrance will be contingent upon him meeting the physical enlistment standards of the service to which he has applied. Therefore, we recommend his records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 2 February 2010 he was separated with a reentry (RE) code of 3K. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00406 in Executive Session on 22 Sep 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Jan 11, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 11 Apr 11. Exhibit D. Letter, AFPC/DPSOS, dated 28 Jun 11. Exhibit E. Letter, AFPC/DPSOA, dated 26 Jul 11. Exhibit F. Letter, SAF/MRBR, dated 29 Jul 11. Panel Chair