RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02261 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her Reentry (RE) code 2C which denotes, “Involuntarily Separated with an Honorable Discharge; or Entry Level Separation Without Characterization of Service” be changed to allow reenlistment in the Armed Forces. 2. Her separation code “JFC,” with corresponding narrative reason for separation Erroneous Entry (Other), be changed to allow reenlistment in the Armed Forces. 3. Her character of service be changed. 4. The type of separation be changed. ________________________________________________________________ APPLICANT CONTENDS THAT: Her Scoliosis was incorrectly measured at 36 degrees. The correct measurement is 28 degrees which makes her eligible for enlistment in the Armed Forces. Her Scoliosis does not prevent her from performing an active vocation and she does not have issues associated with pain, muscular spasms, postural deformities or limitation of motion. She is asymptomatic and is willing to see a military doctor to confirm her statements. In support of her request, the applicant provides a personal statement, copies of her DD Form 214, Certificate of Release or Discharge from Active Duty; Standard Form (SF) 600, Chronological Record of Medical Care; letters from her physicians, medical information and other various documents associated with her request. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 5 Feb 2008, the applicant entered active duty. On 14 Apr 2008, her commander notified her of his decision to recommend her discharge from the Air Force In Accordance With (IAW) Air Force Instruction (AFI) 36-3208, Administrative Separation of Airmen, for erroneous enlistment. The specific reason for this action was a SF 600 dated 1 Apr 2008, reflects that she was diagnosed with Scoliosis which existed prior to entering the military. She would have been denied enlistment had the Air Force known of this condition. On 14 Apr 2008, the applicant acknowledged receipt of the notification and waived her right to consult counsel and submit statements in her own behalf. On 16 Apr 2008, the staff judge advocate found the discharge recommendation legally sufficient. On 22 Apr 2008, the discharge authority approved the recommendation. On 24 Apr 2008, the applicant was discharged with an entry level separation and an “uncharacterized” character of service. Her narrative reason for separation on the DD Form 214 reflects “Erroneous Entry (Other)” with the corresponding separation code of “JFC” and RE code 2C. She served 2 months and 20 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends denial of the applicant’s request to change her RE code, separation code, character of service and type of separation. Based on the documentation in the applicant’s records, the separation was IAW established policy and administrative procedures. She was granted a waiver for military service for her Scoliosis which then was measured at 36 degrees. While in Basic Military Training (BMT), she was measured at 38 degrees which exceeded her waiver. She declined to have her case reviewed to update her waiver and was subsequently processed for entry level separation. Furthermore, it appears over time her Scoliosis has increased and even though she provided a document that indicated it was 28 degrees, it does not note by which method it was measured. Her file indicates that since 2006 her degree of Scoliosis has increased which is disqualifying for military service. The complete SGPS evaluation is at Exhibit C. AFPC/DPSOR recommends denial of her request to change her separation reason. Airmen are given entry level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DOD) determined if a member served less than 180 days of continued active service; it would be unfair to the member and the service to characterize their limited service. Therefore, her uncharacterized character of service is correct IAW with DOD and Air Force instructions. The documentation on file in her master personnel records supports the basis for the discharge and the applicant’s entry level service characterization. The discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The applicant was eliminated from training due to physical injury (Scoliosis) and that condition existed prior to entering the military. The applicant should not have been allowed to join the Air Force because of Scoliosis. The applicant did not submit any evidence or identify any errors or injustice that occurred in the discharge processing and provided no facts warranting a change to her separation. The complete DPSOR evaluation is at Exhibit D. DPSOA recommends denial of the applicant’s request to change her RE code. The RE code 2C is correct based on the applicant’s involuntary discharge with an uncharacterized character of service and is IAW AFI 36-2606, Reenlistments in the United States Air Force. The applicant does not provide any evidence of an error or injustice reference to her RE code. The complete 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 6 Sep 2013 for review and comment within 30 days (Exhibit F). As of this date, this office has not received a response. _________________________________________________________________ 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 timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took careful 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 (OPR) and adopt the rationale expressed as the basis for our conclusion that 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 any of the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2013-02261 in Executive Session on 13 Mar 2014 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 May 2013, w/atchs. Exhibit B. Applicant’s Military Personnel Records Exhibit C. Letter, AETC/SGPS, dated 29 May 2013. Exhibit D. Letter, AFPC/DPSOR, dated 28 Jun 2013. Exhibit E. Letter, AFPC/DPSOA, dated 2 Aug 2013. Exhibit F. Letter, SAF/MRBR, dated 6 Sep 2013. Panel Chair 1