RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02975 COUNSEL: NONE HEARING DESIRED: NO ____________________________________________________________ APPLICANT REQUESTS THAT: His entry-level separation with uncharacterized service and Reentry (RE) code be revised to allow him reentry to military service. __________________________________________________________ APPLICANT CONTENDS THAT: He was disqualified from active duty and discharged for erroneous enlistment due to the discovery of an anaphylactic reaction he experienced prior to his enlistment. He would like the opportunity to continue his service because he considered the allergic reaction an isolated incident of being stung by multiple bees. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 03 Feb 09. On 13 Mar 09, the applicant was notified by his commander of his intent to recommend his discharge from the Air Force for erroneous enlistment. The specific reason for the action was a determination that he did not meet minimum standards to enlist and should not have been allowed to join the Air Force because he has anaphylaxis and angioedema. On 13 Mar 09, the applicant acknowledged receipt of the action, waived his right to legal counsel, and elected not to submit a statement on his behalf. On 17 Mar 09, the applicant was furnished an entry-level separation with uncharacterized service with a narrative reason for separation of “Failed Medical/Physical Procurement Standards,” and 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 1 month and 16 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, D, and E. ____________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends denial, indicating that when the applicant was separated, the established policy and administrative procedure was followed and the applicant received the correct RE code for separation. The applicant was advised prior to separation that he had a lifelong medical condition (potential severe reaction to future stings) which disqualified him for military service. A complete copy of the AETC/SGPS evaluation is at Exhibit C. AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice. Based on the documentation on file in the master personnel records, the discharge was appropriately administered and within the discretion of the discharge authority. Airmen are given entry-level separation with uncharacterized service when separation is initiated within the first 180 days of continuous active service. The Department of Defense (DoD) determined that it would be unfair to the department or the member to characterize a member’s limited service when such service is less than 180 days. Therefore, he was appropriately issued an RE code of 4C as the result of his entry-level separation in accordance with DoD and Air Force instructions. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. AFPC/DPSOA recommends denial of the applicant’s request for an RE code that would allow him to reenlist. While the applicant’s military personnel records indicate that he was erroneously issued an RE code of 4C, his correct RE code should be 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, based on his entry-level separation with uncharacterized service. The RE code 2C is required based on the entry-level separation with uncharacterized service and the applicant does not provide any evidence of an error or injustice in reference to his RE code. AETC/SGPS validated applicant's medical processing and recommended denial stating applicant does not meet current medical criteria for military duty and AFPC/DPSOR validated applicant's discharge processing was carried out in accordance with the provisions of the governing instructions. A complete copy of the AFPC/DPSOA evaluation is at Exhibit E. ____________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 10 Dec 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). ____________________________________________________________ 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 warranting correcting the applicant’s record to allow him to reenlist. We took notice of the applicant’s complete submission in judging the merits of the case; however, other than the erroneously issued RE code of 4C that will be administratively corrected by AFPC/DPSOA to reflect 2C, we find no evidence of an error or injustice that occurred during the discharge process. Based on the evidence of record, it appears the applicant’s entry-level separation, with uncharacterized service for failure to meet medical standards for enlistment, was consistent with the substantive requirements of the governing instructions and within the commander’s discretionary authority. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend favorable consideration of the relief requested. ____________________________________________________________ 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-2012-02975 in Executive Session on 7 Feb 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 04 Jun 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 29 Aug 12. Exhibit D. Letter, AFPC/DPSOR, dated 10 Oct 12. Exhibit E. Letter, AFPC/DPSOA, dated 29 Oct 12. Exhibit E. Letter, SAF/MRBR, dated 10 Dec 12.