RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01662 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 RE code in the 3-series to allow him to enlist in the Army National Guard. _________________________________________________________________ APPLICANT CONTENDS THAT: The RE code he received was unjust and did not coincide with his narrative reason for separation. Although he passed the Military Entrance Processing Station (MEPS) physical and has received a medical waiver from the National Guard Bureau, he needs his RE code upgraded to qualify to enter the Army National Guard. In support of his appeal, applicant provides copies of documents extracted from his military records and a copy of his enlistment waiver from the Army National Guard. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 27 Feb 03, the applicant contracted his enlistment in the Regular Air Force. On 13 Mar 03, 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 12 Mar 03, which reflected the applicant did not meet the minimum medical standards to enlist. The applicant should not have been allowed to enlist due his T6 compression fracture. 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. On 17 Mar 03, the discharge authority directed the applicant be furnished an entry-level separation with uncharacterized service. He was discharged on 19 Mar 03 and was credited with 23 days of active service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial of the applicant’s request for an RE code that would allow him to reenlist. DPSOA notes the “4C” RE code the applicant received in conjunction with his entry-level separation is erroneous; however, DPSOA will administratively correct the applicant’s record to reflect the correct code of “2C” unless otherwise directed by the Board. The correct RE code of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) is required based on the applicant receiving an entry-level separation with uncharacterized service. The complete AFPC/DPSOA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 Jul 11 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 an error or injustice that would warrant correcting the applicant’s RE code to one that would allow him to reenlist. While the applicant was in fact issued an erroneous RE code of “4C,” the Air Force office of primary responsibility, AFPC/DPSOA, has indicated they will administratively correct the applicant’s record to reflect a code of “2C” unless otherwise directed by this board. Although the “2C” RE code does not provide the applicant with the relief he is seeking, we agree with the determination by DPSOA this is the correct code and, therefore, have no objection to the administrative correction. We note the applicant has not expressed any objection to the proposed administrative correction. Therefore, in view of the above, we find no basis to correct the record as requested by the applicant. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01662 in Executive Session on 19 Jan 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Dec 10, w/atchs. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. Letter, HQ AFPC/DPSOA, dated 20 Jun 11. Exhibit D. Letter, SAF/MRBR, dated 1 Jul 11.