RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01899 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) Code of 4C (Failed Medical/Physical Procurement Standards) be changed so he can enlist in the Navy or claim aggravation for his condition to get Department of Veteran Affairs assistance. ________________________________________________________________ APPLICANT CONTENDS THAT: He was unjustly given an Erroneous Enlistment Discharge due to a previously existing medical issue which was well documented on his initial “report of medical history,” and was waived. He did not try to hide the issue. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, report of medical history, excerpts from his separation package, and DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Air Force on 11 Aug 99. On 27 Aug 99, the applicant’s commander notified him she was recommending him for discharge from the Air Force for erroneous enlistment. The reason for the action was that his medical narrative summary, dated 18 Aug 99, revealed the applicant did not meet minimum medical standards to enlist. He should not have been allowed to join the Air Force because of atrophy in his right testicle and a painful left vericocele. The applicant acknowledged receipt, and waived his right to counsel and to submit a statement on his own behalf. On 30 Aug 99, the discharge authority directed the applicant be discharged with an Entry Level Separation for Erroneous Enlistment with uncharacterized service. On 1 Sep 99, the applicant was furnished a Entry Level Separation with uncharacterized service, with a Narrative Reason for Separation of “Failed Medical/Physical Procurement Standards,” and an RE Code of 4C, and he was credited with 21 days of total active service. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR) which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends denial of the applicant’s request to change his RE code. The applicant underwent surgery to correct torsion of his right testicle in 1993, apparently with good result. He entered the Air Force on 11 Aug 99, and started basic training. On 16 Aug 99, he was seen at Reid Clinic for sharp left lower abdomen and scrotum pain, diagnosed as a painful left varicocele, which rendered him unable to complete training and disqualified him for military duty. The separation was carried out in accordance with established policy and administrative procedures. As the condition existed prior to entry and became symptomatic during training, his RE code should not be changed. A complete copy of the AETC/SGPS evaluation is at Exhibit C. AFPC/DPSOS recommends denial, indicating there is no evidence of an error or injustice. Although the applicant states his medical condition was well documented, his medical condition does not meet Air Force assessment standards. The applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. In accordance with DoD and Air Force guidance on entry-level separations, the applicant’s “uncharacterized” character of service which resulted in an RE Code of 4C is correct. Airmen are given entry-level separation with uncharacterized service when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined it would be unfair to the member and the service to characterize a member’s limited service when separation is initiated within the first 180 days of active service. A complete copy of the AFPC/DPSOS evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 28 Jun 12 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 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. We took notice of the applicant's complete submission in judging the merits of the case. However, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPRs) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the applicant was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with the application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-01899 in Executive Session on 17 Jan 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-01899 was considered: Exhibit A. DD Form 149, dated 9 May 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 11 Jun 12. Exhibit D. Letter, AFPC/DPSOS, dated 14 Jun 12. Exhibit E. Letter, SAF/MRBR, dated 28 Jun 12. Panel Chair