RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03614 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ 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, or void enlistments) be changed to an eligible code. ________________________________________________________________ APPLICANT CONTENDS THAT: His re-enlistment code should be changed because he only had one episode of anaphylaxis. Since this incident at Air Force Basic Military Training, on 12 Jan 11, he has not had any other allergic reactions. Every day at basic training, he went through the same routine and ate the same food, with no other incidents occurring. Even though he was told that he was okay to return to training by the allergist at Wilford Hall Medical Center, he was still separated. In support of his appeal, the applicant provides medical documents from his provider to substantiate his appeal. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force, on 7 Dec 10, for a period of six years. On 14 Feb 11, the squadron commander notified the applicant of administrative discharge action for erroneous enlistment. The reason for the proposed action was based on a Standard Form 600, Chronological Record of Medical Care, which indicated that the applicant should not have been able to join the Air Force because of anaphylaxis and it was determined the condition did not meet the medical standards to enlist. The commander recommended an entry level separation. On that same date, the applicant acknowledged receipt of the discharge notification, waived his right to consult counsel and to submit statements in his own behalf. On 16 Feb 11, the discharge authority approved the entry level separation. The applicant received an uncharacterized entry-level separation on 17 Feb 11, by reason of “Failed Medical/Physical Procurement Standards,” and was issued an 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). He was credited with 2 months and 11 days of active duty service. ________________________________________________________________ THE AIR FORCE EVALUATION: AETC/SGPS recommends denial of a change to the RE code, stating, in part, that they found the separation process was done in accordance with established policy and administrative procedures and the applicant does not meet the current medical criteria for military duty. In the discussion of the application, they note he indeed had only one reaction while in basic training and denies any further episodes after separation in Feb 11. He was evaluated in Jun 11, and was found to react to hazelnut, cottonseed, and almonds. He was also tested for peanuts, but the results were not noted in the letter. A reaction to nuts, especially peanuts, even a mild reaction is grounds for disqualification from military service as peanuts and peanut by products are used in the making of MREs for deployments and field duty. The complete AETC/SGPS evaluation is at Exhibit C. AFPC/DPSOA recommends the RE code of 4C be changed to 2C -- "Involuntarily separated with an honorable discharge; or entry level separation without characterization of service"; as required by AFI 36-2606, Reenlistments in the USAF, chapter 3, based on his entry level separation with uncharacterized service. The RE code 2C applies to all entry level separations without characterization of service regardless of whether the discharge is voluntary or involuntary. DPSOA notes that RE code 2C is required based on the entry level separation with uncharacterized service and the applicant does not provide any proof of an error or injustice in reference to his RE code. Additionally, HQ AETC/SGPS validated the applicant's discharge processing and stated the applicant is still not medically qualified for military duty and recommended denial. Additionally, the applicant requested an 1M, 12, 13, or 14 RE code; however, AFI 36-2606, Reenlistments in the United States Air Force, states not to separate member's with a 1M and 12, 13, or 14 are not valid RE codes. The applicant's RE code 2C is driven by his involuntary entry level separation with uncharacterized service. AFPC/DPSOY will provide the applicant a corrected copy of his DD Form 214 with an RE code of 2C, unless otherwise directed by the board. The complete AFPC/DPSOA evaluation, with attachments, is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 9 Dec 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant changing the applicant’s RE code to a code that would make him eligible for reentry into the service. However, we do note that the applicant was assigned an incorrect RE code of “4C” and should have been assigned RE code “2C.” AFPC/DPSOA has indicated they will administratively correct the applicant’s RE code to “2C” unless we object. Based on the determination of HQ AETC/SGPS that the applicant does not meet current medical criteria for military duty, we do not object to DPSOA’s correction of the applicant’s RE code to reflect “2C.” We note, at the time members separate from the Air Force, they are furnished an RE code predicated upon the quality and the circumstances of their separation. The applicant’s RE code of 2C would accurately reflect his involuntary separation with an uncharacterized character of service. Therefore, we find no basis to favorably consider upgrading the applicant’s RE code to an eligible code. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2011-03614 in Executive Session on 12 June 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Jul 01 (sic), w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 18 Oct 11. Exhibit D. Letter, AFPC/DPSOA, dated 16 Nov 11. Exhibit E. Letter, SAF/MRBR, dated 9 Dec 11.