RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01550 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ 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 a code that would allow him to reenter military service. _________________________________________________________________ APPLICANT CONTENDS THAT: The RE code he received is in error because the Chief Medical Officer (CMO) at the Military Entrance Processing Station (MEPS) had his records and cleared him for active duty (AD). He was also told by his medical advisor in basic training that if the defect was corrected he could reenter military service after six months. In support of his appeal, applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, and documents extracted from his military and civilian medical records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: According to the applicant’s military personnel records, his DD Form 2807-1, Report of Medical History, dated 8 July 2010, reflects the applicant underwent testicular surgery prior to entering military service. Block 74a. Examinee/Applicant of the applicant’s DD Form 2808, Report of Medical Examination, dated 8 July 2010 reflects the applicant was qualified for military service. On 2 November 2010, the applicant contracted his enlistment in the Regular Air Force. On 23 November 2010, 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 19 November 2010, which reflected the applicant did not meet the minimum medical standards to enlist. The applicant should not have been allowed to enlist due to his having chronic scrotal pain. On 23 November 2010, 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 discharge authority directed the applicant be furnished an entry-level separation with uncharacterized service. He was discharged on 30 November 2010 and was credited with 29 days of total active service. _________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS notes the applicant’s separation was carried out in accordance with established policy and administrative procedures. Prior to entering military service, the applicant had surgery to correct his medical condition. A history of the treatment is not disqualifying and he was cleared by the CMO on his induction physical. The new onset of pain was not a new condition, but aggravation due to strenuous physical activity of a condition that existed prior to entering the military. After his separation, the applicant had surgery that should have corrected the condition. The applicant probably meets current medical criteria for military duty and his request to change his RE code can be supported. The complete AETC/SGPS evaluation is at Exhibit C. AFPC/DPSOA recommends denial of the applicant’s request to upgrade his RE code to a code that would allow him to reenter military service. 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) and is required based on the applicant receiving an entry-level separation with uncharacterized service. 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 D. _________________________________________________________________ APPLICANT REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 4 June 2012 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. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. After reviewing the evidence of record, we find the applicant has provided sufficient documentation showing that while his discharge for his pre- service medical condition was carried out in accordance with the provisions of the governing instructions, he has since had surgery to rectify his medical condition and, according to AETC/SGPS, appears to meet medical standards for enlistment. Therefore, we believe it appropriate to change his RE code to allow him to apply for reentry to military service. Whether or not he is successful 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 RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that at the time of his 30 November 2010 entry-level separation, he was issued a Reenlistment Eligibility (RE) code of "3K." _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-01550 in Executive Session on 9 January 2013, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the record as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-01550 was considered: Exhibit A. DD Form 149, dated 25 April 2012, w/atchs. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. Letter, HQ AETC/SGPS, dated 9 May 2012. Exhibit D. Letter, HQ AFPC/DPSOA, dated 22 May 2012. Exhibit E. Letter, SAF/MRBR, dated 4 June 2012. Panel Chair