RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03354 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: 1. His separation code of JFW, which denotes “Erroneous enlistment; medical condition disqualifying for military service, with no medical waiver approved”, be changed to JFM, which denotes “Released for conditions existing prior to service.” 2. His reentry (RE) code of 4C which denotes “Concealment of juvenile records; or minority, or failure to meet physical standards; or failure to obtain 9.0 reading grade”, be changed to 1P, which denotes “eligible to reenlist, second term or career airmen with less than 19 years Total Active Federal Military Service selected by the commander under the Selective Reenlistment Program and either 13 months or less remain before original Estimated Time of Separation, or airmen serving on an extension of enlistment.” ______________________________________________________________ APPLICANT CONTENDS THAT: He was accused of joining the service for free medical care and was discharged for erroneous enlistment. He had civilian medical insurance and was not aware that he had a hernia when he joined the military. He had several physicals while he was on the delayed entry program and a physician’s note, dated 19 Oct 09, which reflects “no right side hernia”. He passed a Physical Ability Stamina Test (PAST) ten days prior to beginning active duty. He enlisted into the Air Force as a Pararescue apprentice, and departed for basic training on 19 Oct 10. During a Pararescue physical training exercise on 22 Oct 10, he experienced severe pain in the right groin area. He had never experienced this type of pain, which radiated to his right hip and later confined him to crutches and required him to take pain medication. He was discharged from the Air Force while at basic military training (BMT) after suffering a hernia during physical training. In support of his request, the applicant provides a personal statement, copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; AF Form 3007, Guaranteed Training Enlistment Agreement Non-Prior Service – United States Air Force; AF Form 3008, Supplement to Enlistment Agreement – United States Air Force; DD Form 2807-1, Report of Medical History; DD Form 2808, Report of Medical Examination; SF 600, Chronological Record of Medical Care; History of Civilian Medical Care; PAST Test Criteria, proof of civilian medical insurance, and his Eagle Scout certificate. The applicant's complete submission, with attachments, is at Exhibit A. ______________________________________________________________ STATEMENT OF FACTS: On 19 Oct 10, the applicant enlisted in the regular Air Force. He received an entry level separation on 9 Nov 10, with an uncharacterized character of service. The narrative reason for separation was “Failed Medical/Physical Procurement Standards”. He served on active duty for 21 days. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C, and D. ______________________________________________________________ THE AIR FORCE EVALUATION: HQ AETC/SGPS recommends approval in changing the applicant’s RE code. SGPS states, the separation process was done in accordance with established policy and administrative procedures. However since he now meets current medical criteria for military duty, they support a change of the applicant’s RE code. The complete SGPS evaluation is at Exhibit C. HQ AFPC/DPSOA recommends his RE code be changed to “2C” DPSOA states the RE code is driven by his entry level separation with uncharacterized character of service. DPSOA states that AFPC/DPSOY will provide the applicant a corrected copy of his DD Form 214 with an RE code of 2C, which denotes “Involuntary Separation with Honorable Discharge” unless otherwise directed by the board. The RE Code 2C is required based on the entry level separation with uncharacterized character of service and the applicant does not provide any evidence of an error or injustice in reference to his RE code. DPSOA refers to SGPS’s advisory opinion regarding the applicant’s current medical status, and asserts that the RE Code 2C is not driven by a medical condition. DPOSA states if the Board's decision is to provide a change of RE code, the only other option for the applicant's RE code would be 3K, which denotes, "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, with attachment, is at Exhibit D. ______________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 16 Dec 11, for review and comment within 30 days. As of this date, this office has received no response (Exhibits E). ______________________________________________________________ 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 injustice warranting corrective action. Even though the applicant has provided no evidence to show that his separation was improper or not in compliance with the appropriate regulations, it is our opinion that relief is warranted in this case. In this respect, after careful review of the applicant's available military personnel records and the fact his current medical evaluation suggests that he no longer suffers from the effects of a right inguinal hernia, we believe it would be in the interest of justice to change the applicant’s RE code to a waiverable code that will allow him the opportunity to apply for reenlistment . Accordingly, we recommend his RE and SPD codes be changed to 3K and KFF respectively. Whether or not he is successful in his attempts to return to the military will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to any branch of service. Therefore, we recommend that his records be corrected to the extent indicated below. ______________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 9 Nov 10, he was discharged under the provisions of AFI 36-3208, (Secretarial Authority), with a separation program designator (SPD) code of KFF and a reentry (RE) code of 3K. ______________________________________________________________ The following members of the Board considered Docket Number BC- 2011-03354 in Executive Session on 29 Mar 12, under the provisions of AFI 36-2603: The Board voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Aug 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/SGPS, dated 23 Sep 11. Exhibit D. Letter, AFPC/DPSOA, dated 22 Nov 11, w/atch. Exhibit E. Letter, SAF/MRBR, dated 16 Dec 11.